JOURNAL AND LEGISLATIVE RECORD - HOUSE, May 14, 2019

ONE HUNDRED TWENTY-NINTH LEGISLATURE Dear Clerk Hunt, FIRST REGULAR SESSION Pursuant to my authority under Title 20, Ch. 5, Part 679, 39th Legislative Day Subpart A, §679.110 (b)(2) of federal law, I am pleased to Tuesday, May 14, 2019 appoint the Honorable Michael Sylvester of Portland to the State Workforce Board, effective immediately. The House met according to adjournment and was called If you have any questions, please don't hesitate to contact my to order by the Speaker. office. Prayer by Pastor Brian Rebert, New Hope Baptist Sincerely, Church, Farmington. S/Sara Gideon National Anthem by Mount View High School Concert Speaker of the House Band, Thorndike. READ and ORDERED PLACED ON FILE. Pledge of Allegiance. ______Doctor of the day, Paul A. Liebow, M.D., Bucksport. The Journal of Thursday, May 9, 2019 was read and Under suspension of the rules, members were allowed to approved. remove their jackets. ______

Pursuant to her authority under House Rule 401, Section The Following Communication: (H.C. 167) 12, the Chair excused Representative BROOKS of Lewiston STATE OF MAINE from all House deliberations and roll calls from Tuesday, May HOUSE OF REPRESENTATIVES 14, 2019, until further notice. SPEAKER'S OFFICE ______AUGUSTA, MAINE 04333-0002 May 14, 2019 Representative MOONEN of Portland assumed the Chair. Honorable Robert B. Hunt The House was called to order by the Speaker Pro Tem. Clerk of the House ______2 State House Station Augusta, Maine 04333 COMMUNICATIONS Dear Clerk Hunt: The Following Communication: (H.C. 171) Please be advised that pursuant to her authority, Governor STATE OF MAINE Janet T. Mills has nominated the following: HOUSE OF REPRESENTATIVES on May 8, 2019 SPEAKER'S OFFICE The Honorable Stan Gerzofsky of Brunswick and Lance AUGUSTA, MAINE 04333-0002 Boucher of Manchester for appointment to the Midcoast May 13, 2019 Regional Redevelopment Authority. The Honorable Robert B. Hunt Pursuant to Title 5, MRSA §13083-I, these appointments are Clerk of the House contingent on the Maine Senate confirmation after review by 2 State House Station the Joint Standing Committee on Innovation, Development, Augusta, Maine 04333 Economic Advancement and Business. Dear Clerk Hunt: James P. Norris of Winthrop and Roger K. Berle of Falmouth Pursuant to my authority under House Rule 201.1 (I) (a), I have for appointment to the Land for Maine's Future Board. temporarily appointed Representative Scott Landry of Pursuant to Title 5 MRSA §6204, these appointments are Farmington to the Joint Standing Committee on Health contingent on the Maine Senate confirmation after review by Coverage, Insurance and Financial Services, replacing the Joint Standing Committee on Agriculture, Conservation and Representative Heidi Brooks of Lewiston, effective Forestry. immediately. Casey Maddock of Scarborough for appointment to the State Please do not hesitate to contact me should you have any Board of Education as the Student Member. questions regarding this temporary appointment. Pursuant to Title 20-A, MRSA §401, this appointment is Sincerely, contingent on the Maine Senate confirmation after review by S/Sara Gideon the Joint Standing Committee on Education and Cultural Speaker of the House Affairs. READ and ORDERED PLACED ON FILE. Sincerely, ______S/Sara Gideon Speaker of the House The Following Communication: (H.C. 173) READ and with accompanying papers ORDERED STATE OF MAINE PLACED ON FILE. HOUSE OF REPRESENTATIVES ______SPEAKER'S OFFICE AUGUSTA, MAINE 04333-0002 The Following Communication: (H.C. 168) May 13, 2019 STATE OF MAINE Honorable Robert B. Hunt CLERK'S OFFICE Clerk of the House 2 STATE HOUSE STATION 2 State House Station AUGUSTA, MAINE 04333-0002 Augusta, Maine 04333 May 14, 2019 Honorable Sara Gideon Speaker of the House

H-539 JOURNAL AND LEGISLATIVE RECORD - HOUSE, May 14, 2019

2 State House Station L.D. 815 An Act To Regulate the Issuance of Short- Augusta, Maine 04333 term, Limited-duration Health Insurance Dear Speaker Gideon: Policies in the State Pursuant to Joint Rule 310, the Committee on Agriculture, L.D. 1236 An Act To Clarify the Laws Governing the Conservation and Forestry has approved the request by the Licensing of Paramedics sponsor, Representative Dunphy of Old Town, to report the L.D. 1472 An Act To Create a Commission To following "Leave to Withdraw:" Establish a State Bank L.D. 1103 An Act To Increase the Number of Members Innovation, Development, Economic Advancement and of the Wild Blueberry Commission of Maine Business Pursuant to Joint Rule 310, the Committee on Appropriations L.D. 1502 An Act To Expand Access to the Workforce and Financial Affairs has approved the request by the sponsor, through Apprenticeships Senator Deschambault of York, to report the following bills out Taxation "Leave to Withdraw:" L.D. 35 An Act To Exempt All Disabled Veterans in L.D. 457 An Act To Authorize a General Fund Bond Maine from All Income Tax and To Increase Issue for Riverfront Community Development Their Homestead Exemption to $50,000 L.D. 794 An Act To Authorize a General Fund Bond L.D. 922 An Act To Provide a Property Tax Exemption Issue To Recapitalize the Municipal for Renewable Energy Fixtures Investment Trust Fund L.D. 1191 An Act To Exempt Solar Energy Equipment Pursuant to Joint Rule 310, the Committee on State and Local from Property Tax Government has approved the request by the sponsor, L.D. 1271 An Act To Exempt Permanently Disabled Representative Rykerson of Kittery, to report the following Veterans from Payment of Property Tax "Leave to Withdraw:" L.D. 1326 An Act To Expand Eligibility for the Veterans' L.D. 933 Resolve, Authorizing Certain Persons To Property Tax Exemption Sue the Town of Kittery L.D. 1448 An Act To Expand the Homestead Sincerely, Exemption for Disabled Veterans S/Robert B. Hunt Veterans and Legal Affairs Clerk of the House L.D. 294 An Act To Require the Fiscal Impact READ and with accompanying papers ORDERED Estimate of a Direct Initiative of Legislation PLACED ON FILE. To Be Included on the Ballot ______L.D. 1348 An Act To Authorize Sports Wagering L.D. 1438 An Act To Clarify the Intent of Referendum The Following Communication: (H.C. 170) Questions for Voters STATE OF MAINE L.D. 1515 An Act To Allow Sports Wagering in Maine CLERK'S OFFICE L.D. 1571 An Act To Establish the Exclusive Right of 2 STATE HOUSE STATION the Federally Recognized Indian Tribes in AUGUSTA, MAINE 04333-0002 the State To Conduct All Sports Betting in May 14, 2019 Maine Honorable Sara Gideon L.D. 1631 RESOLUTION, Proposing an Amendment to Speaker of the House the Constitution of Maine Concerning Early 2 State House Station Voting, Voting by Absentee Ballot and Voting Augusta, Maine 04333 by Mail Dear Speaker Gideon: L.D. 1642 An Act Regarding the Regulation of Sports Pursuant to Joint Rule 310, the following Joint Standing Wagering Committees have voted unanimously to report the following L.D. 1656 An Act To Provide for the Regulation of bills out "Ought Not to Pass: Sports Wagering Agriculture, Conservation and Forestry L.D. 1657 An Act To Regulate Sports Wagering L.D. 840 An Act Regarding the Control of Browntail L.D. 1665 An Act To Automatically Change a Voter Moths Registration Address upon Change of L.D. 1114 An Act To Humanely Treat Animals Trapped Address for a Driver's License in Buildings Sincerely, L.D. 1574 An Act To Continue Authorization of S/Robert B. Hunt Seaplane Landings on Katahdin Lake Clerk of House Criminal Justice and Public Safety READ and with accompanying papers ORDERED L.D. 637 An Act Regarding Motor Vehicle Operation PLACED ON FILE. and Drug Use ______Energy, Utilities and Technology L.D. 271 An Act Regarding a Transmission and The Following Communication: (S.C. 383) Distribution Utility's Use of the Right of MAINE SENATE Eminent Domain To Locate Its Transmission 129TH LEGISLATURE Lines OFFICE OF THE SECRETARY L.D. 1558 An Act To Change the Definition of "Gas May 9, 2019 Utility" in the Laws Governing Public Utilities Honorable Sara Gideon Health Coverage, Insurance and Financial Services Speaker of the House 2 State House Station Augusta, Maine 04333

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Dear Speaker Gideon: Bill "An Act Regarding Medical Marijuana" In accordance with 3 MRSA §158 and Joint Rule 506 of the (H.P. 1236) (L.D. 1738) 129th Maine Legislature, please be advised that the Senate Sponsored by Representative PERRY of Bangor. today confirmed the following nomination: Committee on HEALTH AND HUMAN SERVICES Upon the recommendation of the Committee on Agriculture, suggested and ordered printed. Conservation and Forestry, Peter Pray of Millinocket for REFERRED to the Committee on HEALTH AND HUMAN appointment to the Maine Land Use Planning Commission. SERVICES and ordered printed. Best Regards, Sent for concurrence. S/Darek M. Grant ______Secretary of the Senate READ and ORDERED PLACED ON FILE. Bill "An Act To Reorganize the Provision of Services for ______Children with Disabilities from Birth to 5 Years of Age" (EMERGENCY) The Following Communication: (S.C. 384) (H.P. 1226) (L.D. 1715) MAINE SENATE Sponsored by Representative McCREIGHT of Harpswell. 129TH LEGISLATURE Cosponsored by Senator CARSON of Cumberland and OFFICE OF THE SECRETARY Representatives: BRENNAN of Portland, GRAMLICH of Old May 9, 2019 Orchard Beach, HANDY of Lewiston. Honorable Robert B. Hunt Committee on HEALTH AND HUMAN SERVICES Clerk of the House suggested. 2 State House Station On motion of Representative HYMANSON of York, the Augusta, Maine 04333 Bill was REFERRED to the Committee on EDUCATION AND Dear Clerk Hunt: CULTURAL AFFAIRS, ordered printed and sent for Please be advised the Senate today insisted to its previous concurrence. action whereby it accepted the Minority Ought Not to Pass Report from the Committee on Environment and Natural ______Resources on Bill "An Act Regarding the Sale and Release or Abandonment of Balloons" (H.P. 692) (L.D. 937) in non- Bill "An Act To Ensure Comprehensive Interdepartmental concurrence. Planning, Coordination and Collaboration on Aging Policy" Best Regards, (EMERGENCY) S/Darek M. Grant (H.P. 1235) (L.D. 1733) Secretary of the Senate Sponsored by Representative FAY of Raymond. READ and ORDERED PLACED ON FILE. Committee on HEALTH AND HUMAN SERVICES ______suggested. On motion of Representative HYMANSON of York, the PETITIONS, BILLS AND RESOLVES REQUIRING Bill was REFERRED to the Committee on STATE AND REFERENCE LOCAL GOVERNMENT, ordered printed and sent for Bill "An Act To Align the Harness Racing Laws with concurrence. Current Policies" (EMERGENCY) ______(H.P. 1230) (L.D. 1728) Sponsored by Representative MAREAN of Hollis. Bill "An Act To Update the Licensing Laws for Cosponsored by Senator DILL of Penobscot and Occupational Therapy Practice" Representative: HICKMAN of Winthrop. (H.P. 1227) (L.D. 1716) Submitted by the Department of Agriculture, Conservation and Sponsored by Representative MASTRACCIO of Sanford. Forestry pursuant to Joint Rule 204. Submitted by the Department of Professional and Financial Committee on AGRICULTURE, CONSERVATION AND Regulation pursuant to Joint Rule 204. FORESTRY suggested and ordered printed. Committee on HEALTH COVERAGE, INSURANCE AND REFERRED to the Committee on AGRICULTURE, FINANCIAL SERVICES suggested and ordered printed. CONSERVATION AND FORESTRY and ordered printed. REFERRED to the Committee on HEALTH COVERAGE, Sent for concurrence. INSURANCE AND FINANCIAL SERVICES and ordered ______printed. Sent for concurrence. Bill "An Act To Correct Various Statutes Related to the ______Department of Corrections" (H.P. 1229) (L.D. 1727) Bill "An Act To Clarify and Correct Maine's Fish and Sponsored by Representative COREY of Windham. Wildlife Laws" Submitted by the Department of Corrections pursuant to Joint (H.P. 1228) (L.D. 1717) Rule 204. Sponsored by Representative MARTIN of Eagle Lake. Committee on CRIMINAL JUSTICE AND PUBLIC Submitted by the Department of Inland Fisheries and Wildlife SAFETY suggested and ordered printed. pursuant to Joint Rule 204. REFERRED to the Committee on CRIMINAL JUSTICE Bill "An Act To Clarify Inland Fisheries and Wildlife Laws AND PUBLIC SAFETY and ordered printed. Regarding Boating and Hunting Licensing" Sent for concurrence. (H.P. 1238) (L.D. 1740) ______Sponsored by Representative MARTIN of Sinclair.

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Submitted by the Department of Inland Fisheries and Wildlife Committee on TRANSPORTATION suggested and pursuant to Joint Rule 204. ordered printed. Committee on INLAND FISHERIES AND WILDLIFE REFERRED to the Committee on TRANSPORTATION suggested and ordered printed. and ordered printed. REFERRED to the Committee on INLAND FISHERIES Sent for concurrence. AND WILDLIFE and ordered printed. ______Sent for concurrence. ______Bill "An Act To Amend the Laws Governing Elections" (H.P. 1232) (L.D. 1730) Bill "An Act Regarding Representation of the Department Sponsored by Representative SCHNECK of Bangor. of Marine Resources in Libel Proceedings" Cosponsored by Senator LUCHINI of Hancock. (H.P. 1233) (L.D. 1731) Submitted by the Secretary of State pursuant to Joint Rule Sponsored by Representative BLUME of York. 204. Submitted by the Department of Marine Resources pursuant to Committee on VETERANS AND LEGAL AFFAIRS Joint Rule 204. suggested and ordered printed. Committee on JUDICIARY suggested and ordered REFERRED to the Committee on VETERANS AND printed. LEGAL AFFAIRS and ordered printed. REFERRED to the Committee on JUDICIARY and Sent for concurrence. ordered printed. ______Sent for concurrence. ______By unanimous consent, all matters having been acted upon were ORDERED SENT FORTHWITH. Bill "An Act To Create a Carrier License for Pelagic and ______Anadromous Fish" (H.P. 1231) (L.D. 1729) ORDERS Sponsored by Representative FAULKINGHAM of Winter On motion of Representative DOUDERA of Camden, the Harbor. following Joint Resolution: (H.P. 1224) (Cosponsored by Submitted by the Department of Marine Resources pursuant to Senator LAWRENCE of York and Representatives: Joint Rule 204. ANDREWS of Paris, AUSTIN of Skowhegan, CARNEY of Bill "An Act To Eliminate the Scallop Drag Size Limitation Cape Elizabeth, DODGE of Belfast, GRAMLICH of Old in Blue Hill Bay" Orchard Beach, MEYER of Eliot, MORALES of South Portland, (H.P. 1234) (L.D. 1732) RYKERSON of Kittery) Sponsored by Representative McDONALD of Stonington. JOINT RESOLUTION RECOGNIZING MAY AS TOURISM Submitted by the Department of Marine Resources pursuant to WORKER RECOGNITION MONTH Joint Rule 204. WHEREAS, tourism is one of Maine's largest industries, Committee on MARINE RESOURCES suggested and bringing in over 37 million visitors to the State, supporting one ordered printed. out of every 6 jobs and generating over $9 billion per year in REFERRED to the Committee on MARINE tourism-related sales and over $610 million in taxes; and RESOURCES and ordered printed. WHEREAS, tourism incorporates every size of business, Sent for concurrence. including many small, family-owned and multigenerational ______businesses; and WHEREAS, these businesses provide a broad array of Resolve, Authorizing the State Tax Assessor To Convey tourism services such as lodging, dining, camps and the Interest of the State in Certain Real Estate in the campgrounds, retail, amusements, guide and tour services, Unorganized Territory outdoor recreation and cultural and heritage attractions; and (H.P. 1237) (L.D. 1739) WHEREAS, the 110,000 tourism workers in Maine are Sponsored by Representative TIPPING of Orono. indispensable to the success of this industry and provide the Submitted by the Department of Administrative and Financial dedicated and exemplary service and hospitality that make Services pursuant to Joint Rule 204. Maine the truly unique travel destination that it is; and Committee on TAXATION suggested and ordered WHEREAS, Maine tourism workers deserve the greatest printed. credit and recognition for the achievements and growth of this REFERRED to the Committee on TAXATION and industry; now, therefore, be it ordered printed. RESOLVED: That We, the Members of the One Hundred Sent for concurrence. and Twenty-ninth Legislature now assembled in the First ______Regular Session, on behalf of the people we represent, take this opportunity to declare May 2019 as Tourism Worker Resolve, Directing the Secretary of State To Enter into a Recognition Month to honor Maine's tourism workers for all Reciprocal Agreement between the State and Taiwan they do for the promotion and economic success of the State. Regarding Driver's Licenses READ. (H.P. 1225) (L.D. 1714) The SPEAKER PRO TEM: The Chair recognizes the Sponsored by Representative STEWART of Presque Isle. Representative from Camden, Representative Doudera. Cosponsored by Senator KEIM of Oxford and Representatives: Representative DOUDERA: Thank you, Mr. Speaker. McLEAN of Gorham, PERKINS of Oakland, Senators: Mr. Speaker, I rise today in support of the Joint Resolution DESCHAMBAULT of York, DIAMOND of Cumberland. recognizing May as Tourism Worker Recognition Month.

H-542 JOURNAL AND LEGISLATIVE RECORD - HOUSE, May 14, 2019

All of us in all of our districts have friends and neighbors Representatives: who work in this industry and many of us have, ourselves, COREY of Windham been a part of this critically important economic sector. We COSTAIN of Plymouth know the statistics; over 37 million visitors annually to the JOHANSEN of Monticello state, over $9 billion generated in tourism-related sales, and PICKETT of Dixfield more than $610 million in taxes. But tourism is an industry that succeeds because of people and today I hope you will take a Came from the Senate with the Majority OUGHT NOT TO moment to pause and think of them. People like my neighbor, PASS Report READ and ACCEPTED. Meg Quijano the third-generation operator of the Smiling Cow, READ. a beloved fixture of Camden's downtown for more than 75 Representative WARREN of Hallowell moved that the years, where the hazelnut fudge is made fresh daily and House ACCEPT the Majority Ought Not to Pass Report. everyone is welcome to browse. Or the captain and crew of The SPEAKER PRO TEM: The Chair recognizes the Rockport's Schooner Heron, making sure all is ship-shape Representative from Dixfield, Representative Pickett. before taking passengers on a bracing sail on Penobscot Bay. Representative PICKETT: Thank you, Mr. Speaker Pro Tourism workers are the staff at the Samoset Resort, the Tem, Ladies and Gentlemen of the House. I rise in opposition men and women making sure all the beds are perfectly made to the pending motion. and the gin and tonics perfectly mixed. They are the islanders This bill is a bill that's intended to give a layer of support on Islesboro who spent all of last weekend pulling weeds and for law enforcement officers, correctional officers and people spreading mulch, readying the lawns and gardens of the working in the line of duty. And what it simply does is the bill summer cottages in anticipation of their owners' arrival. provides a mandatory minimum term of imprisonment for an Tourism is an industry that runs on people; people who aggravated assault on a victim who is a law enforcement put aside whatever is going on in their own lives to smile as officer, a corrections officer, or a corrections supervisor or they scoop your Gifford's ice cream, flip your cheeseburger or member of the staff of a correctional institution who in the sell you shiners for your fishing trip. They are the ones making performance of their duty is, the defendant turns around and the rafting trips on the Kennebec both thrilling and safe. plans an assault prior to the assault or targets that person They're the lifeguards at our southern beaches, the registered because of that person's employment. The amendment also Maine Guides who lead hikes in Bethel's Mahoosuc Range and provides a procedure and standards for the court to impose a the greens keepers at Mars Hill Country Club. sentence of imprisonment less than the mandatory minimum Today we appreciate them all for their dedication to as well. service and commitment to hospitality. Let's be sure we thank The Maine Sheriff’s Association, Maine's Association of our tourism workers personally during this month and going Police, National Corrections, Correctional Employees Union forward for all they do for Maine. Thank you. were all in support and spoke in favor of this bill. I would ask Subsequently, the Joint Resolution was ADOPTED. you to vote this motion down and follow my light. Thank you, Sent for concurrence. Mr. Speaker. ______The SPEAKER PRO TEM: The Chair recognizes the Representative from Hallowell, Representative Warren. REPORTS OF COMMITTEE Representative WARREN: Thank you, Mr. Speaker. Mr. Divided Report Speaker, we all agree that if anyone ever targets law Majority Report of the Committee on CRIMINAL enforcement simply because they are law enforcement, they JUSTICE AND PUBLIC SAFETY reporting Ought Not to should be prosecuted to the fullest extent of the law, and they Pass on Bill "An Act To Protect Law Enforcement and are being prosecuted to the fullest extent of the law. Corrections Officers by Creating the Crime of Aggravated If prosecutors come in to our committee and say we don't Assault on an Officer" have sentencing structure that allows us to prosecute people (S.P. 74) (L.D. 262) fully, that's when we look at creating an additional structure. Signed: We don't need to do that in this case because the structure Senators: already exists. If anyone targets law enforcement, they are DESCHAMBAULT of York prosecuted to the fullest extent. CARPENTER of Aroostook The one piece that we certainly should not be doing, especially, is creating mandatory minimums. The rest of the Representatives: country, including folks in D.C., are reversing and getting rid of WARREN of Hallowell mandatory minimums. This bill creates a mandatory minimum, BEEBE-CENTER of Rockland thereby taking all judicial discretion away from judges. It's COOPER of Yarmouth another reason I'd like you to vote Ought Not to Pass. Thank RECKITT of South Portland you. MORALES of South Portland Representative STEWART of Presque Isle REQUESTED SHARPE of Durham a roll call on the motion to ACCEPT the Majority Ought Not to Pass Report. Minority Report of the same Committee reporting Ought More than one-fifth of the members present expressed a to Pass as Amended by Committee Amendment "A" (S-74) desire for a roll call which was ordered. on same Bill. The SPEAKER PRO TEM: The Chair recognizes the Signed: Representative from Winter Harbor, Representative Senator: Faulkingham. ROSEN of Hancock Representative FAULKINGHAM: Thank you. I'd like to pose a question to the Chair, or through the Chair, rather. The SPEAKER PRO TEM: The Member may proceed.

H-543 JOURNAL AND LEGISLATIVE RECORD - HOUSE, May 14, 2019

Representative FAULKINGHAM: Does Committee High Honors or President's Honors every semester. In addition Amendment A remove the mandatory minimum from this bill? to her academic success in the Life Science program, she has The SPEAKER PRO TEM: The Representative from been active on campus with a trio and honor's program, as Winter Harbor, Representative Faulkingham, has posed a secretary of the Phi Beta Kappa Honor Society and as a tutor question through the Chair to anyone who cares to answer it. in the Math Science Center. She's also been an MS Walk The Chair recognizes the Representative from Hallowell, volunteer and an event volunteer at Safe Voices. She's Representative Warren. employed at Hannaford in Turner. Representative WARREN: Thank you, Mr. Speaker. No, Thayer will graduate from CMCC this spring and then it does not remove the mandatory minimum. transfer to the University of Maine to earn a Bachelor's degree The SPEAKER PRO TEM: A roll call has been ordered. in Chemistry with a concentration in Pre-Pharmacy. She The pending question before the House is Acceptance of the hopes to eventually pursue a doctorate in Pharmacy and work Majority Ought Not to Pass Report. All those in favor will vote for the U.S. Centers for Disease Control. yes, those opposed will vote no. Now, Mr. Speaker, that's quite an accomplishment of any ROLL CALL NO. 91 student, but in Kayla's case, she's the youngest of 13 children. YEA - Ackley, Alley, Austin B, Babbidge, Babine, Bailey, She also has battled autism, PTSD and anxiety. Kayla is a Beebe-Center, Berry, Blume, Brennan, Bryant, Caiazzo, role model to all individuals regardless of their challenge to Cardone, Carney, Cloutier, Collings, Cooper, Craven, Crockett, accomplish goals through perseverance and hard work. Thank Cuddy, Daughtry, Denk, Dodge, Doudera, Dunphy, Evangelos, you, Mr. Speaker. Farnsworth, Fay, Fecteau R, Foley, Gattine, Gramlich, The SPEAKER PRO TEM: The Chair recognizes the Grohoski, Handy, Hepler, Hickman, Higgins, Hobbs, Hubbell, Representative from Standish, Representative Ordway. Hymanson, Ingwersen, Jorgensen, Kessler, Kornfield, Madigan Representative ORDWAY: Thank you, Mr. Speaker, my C, Martin J, Martin R, Mastraccio, Matlack, Maxmin, McCrea, colleagues in the House. I just wanted to add my two cents McCreight, McDonald, Melaragno, Meyer, Moonen, Morales, worth here that back in January when the legislative tour Nadeau, O'Neil, Paulhus, Pebworth, Peoples, Perry A, Pierce stopped at CM, several legislators remarked to me afterwards T, Pluecker, Reckitt, Riley, Riseman, Roberts-Lovell, they couldn't believe how proud I am of that school, which I am Rykerson, Schneck, Sharpe, Sheats, Stanley, Stover, very proud. But students like Kayla make it easy to be proud Sylvester, Talbot Ross, Tepler, Terry, Tipping, Tucker, Verow, of the school. Warren, White B, Zeigler, Madam Speaker. I'm going to tell you just one quick story about Kayla and NAY - Andrews, Arata, Austin S, Bickford, Blier, it's a warning to you all, in case you ever get tangled up with Bradstreet, Campbell, Cebra, Corey, Costain, Curtis, DeVeau, her in the future, because she's of small stature but she's a Dillingham, Dolloff, Faulkingham, Fecteau J, Foster, Griffin, bulldog. In her studies, she had to take a class; Organic Haggan, Hall, Hanley, Harrington, Head, Hutchins, Javner, Chemistry. Now, I would be stumped at Organic Chemistry, Johansen, Keschl, Kinney, Landry, Lockman, Lyford, Marean, my chemistry background comes from the kits we had as a kid Martin T, Mason, Millett, Morris, O'Connor, Ordway, Perkins, where we were pretty good at stink bombs and gunpowder. So Pickett, Prescott, Reed, Rudnicki, Sampson, Skolfield, Stearns, she passed this class with Honors and she found out that the Stetkis, Stewart, Strom, Swallow, Theriault, Tuell, Wadsworth, class would transfer to St. Joe's, it would transfer to UNE, but White D. not in her desired school at the University of Maine. Well, by ABSENT - Doore, Drinkwater, Grignon, Hanington, the time she was done with them, they will accept that for her Harnett, Kryzak, McLean, PerryJ. and all future students, they will accept a transfer from the Yes, 86; No, 54; Absent, 8; Excused, 2. community college in Organic Chemistry. And so just 86 having voted in the affirmative and 54 voted in the congratulations, Kayla. We are all very, very proud of you. negative, with 8 being absent and 2 excused, and accordingly Subsequently, this Expression of Legislative Sentiment the Majority Ought Not to Pass Report was ACCEPTED in was PASSED and sent for concurrence. concurrence. ______REPORTS OF COMMITTEE The following item was taken up out of order by Divided Reports unanimous consent: Majority Report of the Committee on ENERGY, UNFINISHED BUSINESS UTILITIES AND TECHNOLOGY reporting Ought Not to Pass The following matter, in the consideration of which the on Bill "An Act To Ensure Transparency and Participation in House was engaged at the time of adjournment, Thursday, Maine Water Districts" May 9, 2019, had preference in the Orders of the Day and (S.P. 373) (L.D. 1198) continued with such preference until disposed of as provided Signed: by House Rule 502. Senators: Expression of Legislative Sentiment Recognizing Kayla LAWRENCE of York Thayer, of Auburn WOODSOME of York (HLS 250) TABLED - April 18, 2019 (Till Later Today) by Representative Representatives: BICKFORD of Auburn. BERRY of Bowdoinham PENDING - PASSAGE. CAIAZZO of Scarborough The SPEAKER PRO TEM: The Chair recognizes the DOUDERA of Camden Representative from Auburn, Representative Bickford. FOSTER of Dexter Representative BICKFORD: Thank you, Mr. Speaker. GRIGNON of Athens Mr. Speaker, Ladies and Gentlemen of the House, since GROHOSKI of Ellsworth starting at CMCC in the fall of 2017, Kayla Thayer has earned HANLEY of Pittston

H-544 JOURNAL AND LEGISLATIVE RECORD - HOUSE, May 14, 2019

RILEY of Jay Amendment "A" (H-230) on RESOLUTION, Proposing an RYKERSON of Kittery Amendment to the Constitution of Maine To Explicitly Prohibit Discrimination Based on the Sex of an Individual Minority Report of the same Committee reporting Ought (H.P. 342) (L.D. 433) to Pass on same Bill. Signed: Signed: Senators: Senator: CARPENTER of Aroostook MIRAMANT of Knox BELLOWS of Kennebec

Representative: Representatives: KESSLER of South Portland BAILEY of Saco BABBIDGE of Kennebunk Came from the Senate with the Majority OUGHT NOT TO CARDONE of Bangor PASS Report READ and ACCEPTED. EVANGELOS of Friendship READ. HARNETT of Gardiner On motion of Representative BERRY of Bowdoinham, the RECKITT of South Portland Majority Ought Not to Pass Report was ACCEPTED in TALBOT ROSS of Portland concurrence. ______Minority Report of the same Committee reporting Ought Not to Pass on same RESOLUTION. Majority Report of the Committee on EDUCATION AND Signed: CULTURAL AFFAIRS reporting Ought to Pass as Amended Senator: by Committee Amendment "A" (H-226) on Bill "An Act To KEIM of Oxford Increase Access to Nutritious Foods in Schools by

Implementing an After-school Food Program for At-risk Representatives: Students" (EMERGENCY) CURTIS of Madison (H.P. 421) (L.D. 577) DeVEAU of Caribou Signed: HAGGAN of Hampden Senators:

MILLETT of Cumberland READ. CARSON of Cumberland Representative BAILEY of Saco moved that the House POULIOT of Kennebec ACCEPT the Majority Ought to Pass as Amended Report.

Representative DILLINGHAM of Oxford REQUESTED a Representatives: roll call on the motion to ACCEPT the Majority Ought to Pass KORNFIELD of Bangor as Amended Report. BRENNAN of Portland More than one-fifth of the members present expressed a DODGE of Belfast desire for a roll call which was ordered. FARNSWORTH of Portland The SPEAKER PRO TEM: The Chair recognizes the INGWERSEN of Arundel Representative from Oxford, Representative Dillingham. McCREA of Fort Fairfield Representative DILLINGHAM: Thank you, Mr. Speaker.

While I appreciate and admire the decades of work the Minority Report of the same Committee reporting Ought Representative from South Portland has dedicated to equality, Not to Pass on same Bill. I believe I do not need this Resolution for validation. I am a Signed: strong woman, serving today with a record number of women Representatives: serving with me. A female Chief Executive’s office is down the DRINKWATER of Milford stairs and our court system is led by a female. FECTEAU of Augusta Maine Equal Rights Laws and Equal Rights Commission RUDNICKI of Fairfield are there if needed, so are the Equal Pay Act of 1963 and Title SAMPSON of Alfred 7 of the Civil Rights Acts of 1964. Thank you.

The SPEAKER PRO TEM: The Chair recognizes the READ. Representative from Berwick, Representative O'Connor. On motion of Representative KORNFIELD of Bangor, the Representative O’CONNOR: Thank you, Mr. Speaker, Majority Ought to Pass as Amended Report was Ladies and Gentlemen of the House. We have this pesky little ACCEPTED. document, it's called the Constitution of the United States, and The Bill was READ ONCE. Committee Amendment it was written expressly to protect the smallest minority. That "A" (H-226) was READ by the Clerk and ADOPTED. minority is the individual. Under suspension of the rules, the Bill was given its In all the jobs that I've worked, I've competed with men SECOND READING WITHOUT REFERENCE to the and in most of them I earned more money. I've also noticed Committee on Bills in the Second Reading. when we talk about equal rights and not special rights that Under further suspension of the rules, the Bill was women are not required to register for the draft. Women also PASSED TO BE ENGROSSED as Amended by Committee possess an advantage in custody of children. They also have Amendment "A" (H-226) and sent for concurrence. the discretion of whether or not to decide to have an abortion ______or not. It seems to me that this society is turning away from Majority Report of the Committee on JUDICIARY patriarchy. I don't think this is good for my daughters or for my reporting Ought to Pass as Amended by Committee sons. Thank you.

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The SPEAKER PRO TEM: The Chair recognizes the of citizens an equal protection of the law to formerly enslaved Representative from Knox, Representative Kinney. people in the 14th Amendment and prohibiting states from Representative KINNEY: Thank you, Mr. Speaker, Men disenfranchising voters on account of race, color, or previous and Women of the House. As a woman, I cannot support this condition of servitude in the 15th Amendment. path to violate my rights already given under the Constitution. In 1920, following a similar hundred-year campaign Most particularly, my religious freedom. starting in and around 1848, the United States of America This is a backdoor piece of legislation about abortion ratified the 19th Amendment to allow women to vote. In a where that's a violation of my faith, it is a violation of my struggle for legal equality of the sexes and the prohibition of constitutional right to my religious freedom. Currently, Article I, discrimination on the basis of sex, starting in and around 1923 Section 6-A of the Maine State Constitution states, the Equal Rights Amendment is just a few years shy of that "Discrimination against persons prohibited. No person shall be hundred-year threshold. deprived of life, liberty or property without due process of law, Why is the ratification of the Equal Rights Amendment nor be denied the equal protection of the laws, nor be denied important? First, it would mean a formal recognition of our the enjoyment of that person's civil rights or be discriminated values as a state and as a country, a legal recognition of every against in exercise thereof." The Constitution already has an American's right to be free from sex-based discrimination. equal rights amendment. Additionally, I've had plenty of Second, the Equal Rights Amendment would require cases opportunities equal to those of any other sex in my lifetime. As alleging sex-based discrimination to be evaluated using the a female attending college, I joined an honorary band fraternity same heightened legal standard applied in cases alleging race- and I even held an officer position in that organization. I've based discrimination. Practically speaking, with an ERA in held jobs such as a long-haul truck driver where I became a place, laws and policies that discriminate on the basis of sex trainer of new drivers in the field. Although I was trained to be would be subject to strict scrutiny when challenged. This able to train men or women, I had five different students over means that the entity with the law or policy would have to show the course of one year, all of whom were women in a that it served, number one, a compelling governmental interest predominantly male profession. I have further started and run and, number two, in the least restrictive means available. my own business for the past 15 years. Most recently, I've Currently, laws or practices that treat people differently on the served here in the Maine House of Representatives for the last basis of sex only need to be substantially related to five years, where I was elected by my peers, both men and government interest, without any attention to whether there is a women, who exercised their constitutional right to vote. less discriminatory means to achieve the same end. This is Therefore, I ask you to follow my light and vote no. called intermediate scrutiny. The SPEAKER PRO TEM: The Chair recognizes the As an attorney who has practiced state and local Representative from New Gloucester, Representative Arata. government law and who has advised municipalities and the Representative ARATA: Thank you, Mr. Speaker, Ladies State on the legality of existing and new proposed ordinances and Gentlemen of the House. An Equal Rights Amendment is and state laws and regulations, the level of scrutiny a court completely obsolete and unnecessary. Women hold positions places on government action is extremely important and of power nationwide including that of CEO, judge, presidential absolutely drives the creation of policy. If a proposed action candidate, senator, representative and governor of Maine. has the potential to impact a protected class for which a strict More females than males graduate from college and achieve scrutiny standard of review is required, in my experience the academic honors. Women live longer than men. The fact that entity is much less likely to follow through with the law or I stand here today as an elected representative is an example policy. The empirical data of how the laws and the privileges of female equality. We are not so fragile that we need a law to of the United States apply to the sexes, demonstrates that we tell us that we are equal. It would result in litigation and are not yet equal and that there is more work to do to strive acrimony that is completely unnecessary and would only towards a more perfect union. Despite years of litigation and benefit the lawyers. Thank you. legislation regarding sex discrimination since the 1960s, The SPEAKER PRO TEM: The Chair recognizes the women are still disproportionately poor, endure extensive Representative from South Portland, Representative Morales. regulation of their bodies, experience sex-based pay Representative MORALES: Thank you, Mr. Speaker. discrimination in all occupational categories, are sexually The Preamble to the Constitution reads as follows: "We the harassed and subjected to biased consideration in hiring and People of the United States, in Order to form a more perfect promotion, subjected to discriminatory treatment by employers Union, establish Justice, insure domestic Tranquility, provide in pregnancy and in motherhood, among numerous other for the common defense, promote the general Welfare, and practices, and suffer widespread gender-based violence and secure the Blessings of Liberty to ourselves and our Posterity, face increasing incarceration rates, including here in Maine. do ordain and establish this Constitution for the United States Each year in Maine, 14,000 women experience sexual of America." violence. Only 448 report this violence to law enforcement and The clear words of the Preamble to the Constitution, only a small percentage are actually prosecuted. In Maine, together with a defined process for amending our country's half of our homicides are women killed by their partners or founding principles, underscores the framers' understanding spouses as a result of domestic violence. In Maine, the rates that forming a more perfect union was an aspiration rather than of incarceration for women has increased by over 256% in the a done deal at the time of the signing of the Constitution in last 20 years, increasing from 25 women in 2002 to 225 1787. By way of a few examples, history tells us that in the women incarcerated today in Maine. In Maine, almost all of leadup to the signing of the Constitution, the framers debated the 225 women incarcerated in our prison system have slavery and ultimately decided to define an enslaved person as suffered domestic violence and have been victims of sex three-fifths of a human. Almost a hundred years later, trafficking. immediately following the Civil War, the U.S. took the steps An Equal Rights Amendment can give us important and envisioned by the framers to form that more perfect union by powerful tools to tackle these astounding problems we face. abolishing slavery in the 13th Amendment, granting the rights You may ask, as it has been raised, why we need a

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Constitutional Amendment. Of course, statutes provide us with As the Representative from South Portland, my friend legal protection but statutes can be repealed, they can be not and colleague, Ms. Morales, has amply and painfully related; enforced, and they can be weakened by regulations or simply women are, in fact and in law, still considered lesser human not renewed. This is happening right now to the Title 9 beings -- protections against sexual assaults in schools and on college The SPEAKER PRO TEM: The Member will defer. The campuses by the U.S. Secretary of Education, Betsy DeVos. Chair will remind all Members not to refer to other Members by This is also happening right now with the Violence Against their name. The Member may proceed. Women Act at the federal level, which provides essential Representative COOPER: My colleague from South funding and grants for various programs that tackle domestic Portland; women remain unequal both in fact and in law. abuse including shelters, crisis centers and social services Intermediate standard is not strict scrutiny. The very words dedicated to protecting women against gender-based violence. connote that difference. Discrimination based on race is This year, the Violence Against Women Act lapsed because subject to strict scrutiny, which means that you have to bear a Congress failed to pass an extension. very heavy load in order to justify a discrimination on that The simple fact is that the Constitution does not basis. For women, the task is much easier and there have guarantee equal rights under the law based on a person's sex. been a number of cases in which women have lost because Since the 1960s, driven in large part by the cases argued and they have not been able to meet that lesser standard. worked on by now Supreme Court Justice Ruth Bader Other Members of this body have raised a couple of Ginsburg, the Supreme Court has interpreted the Equal issues which I want to respond to. They claim that women Protection Clause to define liberty and equality based on the have certain advantages such as in custody cases. That is just discrete facts of each case brought before them. This simply no longer the case. As a result of efforts by fathers and interpretation, however, is at the whim of the nine members of other groups, there is no presumption that the woman is the the Supreme Court. I agree with Justice Ginsburg when she better parent. That case must be made on an individual basis. said I would like my granddaughters when they pick up the As for abortion rights; yes, we're the only segment of the Constitution to see that notion that women and men are population that can get pregnant, but that is hardly a right that persons of equal stature. I'd like them to see that it is a basic we wish to have except when necessary and it only belongs to principle of our society. women because of our nature. Finally, I would say that the I personally like to think of the Equal Protection Clause as notion that women are benefitted by being excluded from the a golden arrow; a tool we have used to pierce and dispose of draft is no benefit at all and nobody has asked me whether I discriminatory laws these past 40 years. The Equal Rights thought that exclusion should continue to prevail and it reminds Amendment, however, would act more as a golden shield to me of the laws that were on the books until not very long ago prevent discriminatory laws from being enacted in the first that kept women out of numerous professions based on the place, and to provide a fundamental legal remedy against sex assumption that we were unable due to physical or mental discrimination for both women and men. It would guarantee limitations not to be able to do that kind of work. Well, that was that the rights affirmed by the United States Constitution are no protection and it was simply a means of keeping women out held equally by all citizens without regard to their sex. Only an of certain kinds of work and professions and fortunately those Equal Rights Amendment can provide United States citizens barriers have been blocked by the courts. But there are with the highest and broadest level of legal protections against others, implicit or unstated, that continue to operate and that is sex discrimination. why there is such sex segregation within our workforce. So, Honorable Colleagues of the House, I would ask you So, in ending, I would just say that sex discrimination is to be bold and to do what's right. Let's stand up for our alive and well in this country, not through any lack of effort by principles, let's protect our children and our grandchildren with my gender, but we must take action today to tell the world that a golden shield and show them that we hold them all as equals we no longer think this is just and fair. Thank you. in the eyes of the law. Thank you. The SPEAKER PRO TEM: The Chair recognizes the The SPEAKER PRO TEM: The Chair recognizes the Representative from Rumford, Representative Dolloff. Representative from Yarmouth, Representative Cooper. Representative DOLLOFF: Thank you, Mr. Speaker, Representative COOPER: Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This is not your Ladies and Gentlemen of the House. As a young lawyer on grandmother's equal rights bill. It is about giving new powers the U.S. House Judiciary Committee, Subcommittee on Civil to the federal government at the expense of states. and Constitutional Rights a number of years ago, we took up There already exist laws that prohibit discrimination the Equal Rights Amendment and failed to get that made a part against women. We have equal rights under the 5th and 14th of our Constitution. That was a great defeat at that time and it Amendments of the Constitution. To say otherwise does a continues to be a great sorrow for many women and men disservice to our daughters, granddaughters and women who throughout the United States. continue to play leadership roles in our country. We are not That is not to say women have not made great strides in weak, as the advocates would have you believe. It is the last 40 years. We have. We are now half of the increasingly becoming clear that this legislation is not about Democratic Caucus in this body and have made great strides equal rights, it's about abortion. Advocates have directed to in professional schools and in the trades and in other fields. talk about equal pay and pregnancy discrimination, not When I entered law school, the class before me had five abortion. Several states are using this tactic instead of the bills women, and that was the norm for many years before that, no like the one we just voted on to force governments to pay for more than five or six women. My class had 21. That was the abortions. year of Betty Friedan's famous book and thereafter women Women are not weak or ignorant about the goals of this continued to increase our numbers until now more than half of legislation. It is about abortion, pure and simple. To say the women in major law schools are women. This will otherwise insults my intelligence as a woman. Advocates inevitably lead to change and I hope it leads to the change in should at least have the courage and the decency to call it this matter that is now before us. what it is. It is not about equal pay or pregnancy protection or

H-547 JOURNAL AND LEGISLATIVE RECORD - HOUSE, May 14, 2019 the need to protect women against discrimination by men. ever to achieve this objective. This is not a petticoat measure. Look around you, ladies and gentlemen. This is not 1972. It is a measure designed to give fuller meaning and expression Women play a major and ever-increasing role in Maine and in to the traditional American way of life. We have heard a great this country. Thank you. deal about civil rights and no discrimination against anyone The SPEAKER PRO TEM: The Chair recognizes the because of race, color or creed. I would add one thing to that Representative from Woolwich, Representative Hepler. no discrimination code of civil rights; sex. I say there should Representative HEPLER: Thank you, Mr. Speaker Pro not be any discrimination against any person because of race, Tem, Women and Men of the House. I speak in favor of LD color, creed, or sex, but I say with equal conviction that neither 433 and I want to speak as a historian. race nor color nor creed nor sex must be permitted to be the In my scholarly research on women and workplace basis for agitation for special rights and special treatment health, I wrote extensively about protective labor legislation for under the guise of no discrimination and equality. There is a women which limited hours and created conditions for female danger of losing balance on this subject and in our zeal for wage-earners. Supporters of this legislation opposed the ERA equality to unconsciously demand and grant special treatment in the 1920s and '30s, fearing that this amendment, if passed, and privileges over and above equality. I think that it is high would eliminate these protections. By 1954, Alice Hamilton, a time that we stop thinking of women as being second-class workplace reformer who opposed the ERA in the 1920s citizens, as people with less qualifications and secondary in changed her mind about it, noting that women had made priority. There should be no such thing as priority for or sufficient gains in the workplace and that many of these against women or men. I think that the most effective protections were now extended to male workers. Hamilton argument for equal rights is summed up in three simple words; was 85 years old at the time and she changed her mind. women are people. Think that over just a little and you will see Surely Maine residents should be afforded the same the justice and overwhelming merit of the equal rights opportunity. measure. In closing, I want to pay my respects and express Second, in my U.S. History classes at the University of my appreciation to those senators who are going to vote for Maine at Farmington, we recently spoke about the ERA in the this measure even though they do not believe in equal rights. context of the 19th Amendment that gave women the right to In the first place, I respect their opinion even though they differ vote. They seemed puzzled that a national ERA had never from me, but more than that I admire their fair and unselfish been ratified. I asked them to guess why it failed. They attitude that they have taken by saying that they are voting for couldn’t imagine. Women in the military, I said, and unisex this measure so that it can be referred to the states for bathrooms. My students were dumbfounded. They had grown ratification or rejection to give the people of America a more up with these two realities and their world hadn’t collapsed. direct vote and voice on this issue. Some of these senators They need a chance to weigh in on these issues as voters and will fight equal rights back in the states on the question of residents, and I ask this body to give them a chance to vote on ratification or rejection, but by male standards, they will have the State ERA. manfully faced an issue rather than bottling that issue up in Mr. Speaker, I think it's past time that we do this, Congress without the states having had an opportunity to voice especially on the 100th anniversary of Maine women's themselves on this proposal. suffrage, and I think we can do this. Thank you. And now back in my own voice, I would like to conclude The SPEAKER PRO TEM: The Chair recognizes the that 69 years later this speech still resonates, I feel. Indeed, Representative from Ellsworth, Representative Grohoski. the more we have delayed adopting the equal rights Representative GROHOSKI: Thank you, Mr. Speaker, amendment, the harder it has become, though no less and Fellow House Members. I appreciate the opportunity to necessary, as you have heard from my fellow Members. In our speak today in support of LD 433, a Resolution Proposing an society today, we find examples of women still being thought of Amendment to the Constitution of Maine to Explicitly Prohibit as second-class citizens. I appeal to you all, my colleagues, Discrimination Based on the Sex of the Individual. as Senator Smith did to her colleagues, to approve this While there is much that I could say about this proposed legislation to allow Mainers to have a say on this matter. We legislation, there are many who have spoken before me who should not bottle this up without giving the voters an have been more eloquent. One of those who came before was opportunity to voice themselves on this proposal. the Honorable Margaret Chase Smith of Maine who served in Please join me in voting yes to allow the people of Maine the U.S. Senate from 1949 to 1971, after having served in the to have a say on this matter. Thank you. House from 1940 to 1949. Senator Smith was a co-sponsor to The SPEAKER PRO TEM: The Chair will remind all the legislation for a federal Equal Rights Amendment and she Members that cheering, clapping or otherwise disturbing the spoke to her position on the Floor of the Senate on January 23, proceedings, is not appropriate while the House is in order. 1950. Thanks to the excellent library staff of Skowhegan's The Chair recognizes the Representative from Levant, Margaret Chase Smith library, I have that speech and would Representative Griffin. like to read it now. Representative GRIFFIN: Thank you, Mr. Speaker, and Mr. President, I am for the proposed Equal Rights Ladies and Gentlemen of the House. This is my first time Amendment to the Constitution for the very reason that some speaking before the House and I rise in strong opposition to women are against it. Throughout my service in Congress, I this legislation. have clung steadfastly to the belief that when women demand This legislation fails to recognize reality. It is not the equal rights with men, they must give up their special feminine message we need to send to women. We have celebrated the privileges. I have urged that on all women's legislation, election of Maine's first woman governor, we had a majority because women are just as subject to men to the old saying party nominate a woman for president, and we have a record that, quote, you can't have your cake and eat it too, end-quote. number of women elected to the Maine Legislature. We do not But in being for this equal rights measure, I can appreciate need government to acknowledge our worth and contributions some of the difficulties. These difficulties must be overcome. to society. I cannot, in good conscience, explain to my It may take time. But the more we delay, the harder it will be daughter or granddaughters why this legislation is needed.

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Their future opportunities are there, acknowledged, supported The SPEAKER PRO TEM: The Chair recognizes the by the Constitution and by laws governing us. This is a relic of Representative from Old Orchard Beach, Representative an earlier time. Its passage would do more harm than good. Gramlich. Please acknowledge that Maine women are vibrant, strong and Representative GRAMLICH: Thank you, Mr. Speaker. do not need government to tell us otherwise. Thank you. Thank you, Women and Men of the House. I stand before you The SPEAKER PRO TEM: The Chair recognizes the today in support of this motion. Representative from Kennebunk, Representative Babbidge. It was in my grandmother's lifetime that women did not Representative BABBIDGE: Thank you, Mr. Speaker. have the right to vote, a right that many of us take for granted Mr. Speaker, Ladies and Gentlemen of the House, passage of today, a right that took over a hundred years for women to this bill gives the citizens of Maine an opportunity to affirm the advance. It was in my mother's lifetime that women could be equal rights of citizens without regard to their sex. denied health insurance benefits, women could not easily Freedom from discrimination based on gender is a matter divorce or leave an abusive husband and indeed it wasn't until of civil rights. I was asked last session on this Floor, what the Divorce Reform Act of 1969 that that started to change. It difference would this make, and this was after I had spoken, was in my mother's lifetime that women did not have financial which was a little deflating. When the U.S. Supreme Court security independent of her husband or father. It was in my considers facts relating to a potential violation of a lifetime that we saw many of these advances for women, constitutional right, they, as the Good Representative from advances that addressed the issues that my mother had to live Yarmouth mentioned, apply a standard called strict scrutiny with, get advanced. I urge you to support and pass LD 433 so defending the right as necessary to serve a compelling state that I can say that in my daughter's lifetime, equal rights under interest. Again, this action would protect men and women the law will not be denied or abridged based solely on the sex equally before the law at the higher standard; a standard of of an individual. I urge you to pass LD 433. Thank you. justice at the highest level of our law. Passage of this The SPEAKER PRO TEM: The Chair recognizes the Resolution and acceptance by a vote of the people of Maine Representative from Alfred, Representative Sampson. would affirm our belief that discrimination based on sex should Representative SAMPSON: Thank you, Mr. Speaker, not be tolerated. While this addition to our Constitution would Ladies and Gentlemen of the House. I stand strongly in benefit both men and women, it's clear that men have opposition to this measure. traditionally experienced less discrimination than women. Did I It's been already said but bears repeating that the say that correctly? It is clear that men have traditionally Constitution is written to protect the minority. All minorities. experienced less discrimination than women. Having a Every one of us, women especially, have a choice. We have a prohibition based on sex in our Constitution would make it choice that we've had for a long time, by the way, a choice to clear that all of us are equal under the law. work hard, a choice to perform our due diligence, a choice to The central concept of civil liberties is that all individuals strive for excellence in all that we do. A choice that does have the fundamental right to be judged on the basis of their nothing for us, however, is the choice to make excuses for why individual characteristics and capabilities, not the we can't do something. It only limits us. characteristics and capabilities that are supposedly shared by We already can do everything; the sky is the limit. Some any group or class to which they might belong. This have already gone to the sky. I have never been limited, I fundamental right is the premise of the 14th Amendment to the guess I never got the memo that I was not equal. I do not United States Constitution, which guarantees the equal support this measure. Thank you. protection of the laws to all individuals, and yet despite the The SPEAKER PRO TEM: The Chair recognizes the guarantees of equal protection, inequities in our legal system Representative from Fort Fairfield, Representative McCrea. remain. Representative McCREA: Thank you, Mr. Speaker and LD 433 would enshrine women's full legal equality in Men and Women of the House. Certainly there are many, Maine's highest law. Equal rights, equal access to justice many very accomplished women in our lives, here in this body, regardless of gender, is a value we should proudly include in in our state, in our local communities, nationwide, worldwide. our Maine Constitution. For ourselves, for our sons and But there is no way to negate the need for this bill just because daughters, for our grandsons and granddaughters, let's we have very accomplished women in our lives and in our demonstrate our commitment to fairness. It is time. Thank world. you, Mr. Speaker. I am absolutely astonished that this bill and its intent is The SPEAKER PRO TEM: The Chair recognizes the still needed here in 2019. I personally would be ashamed of Representative from Fairfield, Representative Rudnicki. myself if I did not support LD 433 and I ask that you join me Representative RUDNICKI: Thank you, Mr. Speaker, and follow my light. Thank you very much. Ladies and Gentlemen of the House. I rise in opposition to this The SPEAKER PRO TEM: The Chair recognizes the bill. I don't need this validation. I'm a strong woman, I raised a Representative from Bethel, Representative Head. very strong young woman. I stand here serving with many Representative HEAD: Thank you, Mr. Speaker, Men strong women. We have a Chief Executive that's a woman, we and Women of the House. This bill is not needed. Nobody have a Chief Justice of Maine that's a woman, and we have with a complete understanding of the history and the current representation in the U.S. House and in the U.S. Senate of law is arguing that women are not already equal. Since the strong women. Equal Rights Amendment of 1923 was passed, countless Women have been playing a major role in this state and states and federal law has ensured that women are not in this country for a long time now. We have protection under discriminated against. In 1940, 4% of women completed both the 5th and the 14th Amendment. To say anything else is college; today, 35% do. The number of college degrees a disservice to all of us. We're not weak, I'm not weak, and I completed by women has been higher than completed by men would bet that every woman in this room would say that they for the last five years. Workforce participation by women has are not weak. We do not need another bill and the government increased from 33% in 1948 to 87% today. At the same time, just continuing to tell us otherwise. Thank you, Mr. Speaker. participation rate for men has fallen. We should celebrate the

H-549 JOURNAL AND LEGISLATIVE RECORD - HOUSE, May 14, 2019 success of women. We are not weak, but we are intelligent made as a society and to lay a foundation for all that we have and strong. Thank you very much. yet to accomplish. The SPEAKER PRO TEM: The Chair recognizes the Approving this measure would send an unmistakable Representative from Brunswick, Representative Daughtry. message to Maine people that the equality of men and women Representative DAUGHTRY: Thank you, Mr. Speaker is a fundamental value we hold dear. Consider the value of Pro Tem, Ladies and Gentlemen of the House. I rise in strong that message and that protection for women who have faced support of the motion in front of you. forms of discrimination or violence throughout their lives, for Equality of opportunity and equality under the law are the young women who are launching careers and starting families, pillars upon which our society and our state are built upon and and for young people who are growing up in a society that's it's time for Maine to enshrine that equality into our shaped by our leadership. I hope you will join me in supporting Constitution. Maine has a strong and rich history of incredible the Resolution before us. Thank you. women being at the forefront of many, many, many, many The SPEAKER PRO TEM: The Chair recognizes the professions. Just look around you right now. Think about the Representative from Biddeford, Representative Foley. overwhelming majority of women that we have, the historical Representative FOLEY: Thank you, Mr. Speaker, record of women that we had elected not only in this chamber, Women and Men of the House. We've heard this morning that but across the hall and in the Chief Executive's office. Think because some, even many women have good, well-paying about those who came before us. Think about what it must jobs, this is an unnecessary bill. I say that this assertion, in have been like to be the first woman elected to this body and addition to the many other cogent arguments we have heard walk down this hallway. from proponents, illustrates the need. We're walking in the footsteps of giants like Margaret The experience of a segment of the female population in Chase Smith, who has already been quoted today. But this attaining professional stature and comparable or superior isn’t just about women and this isn't about men and women or compensation for work is not equally shared. The experience men versus women. More importantly, this is about everyone. of a segment of the female population in avoiding gender This is about protecting people and making sure that everyone discrimination in their workplace, being fortunate enough not to has equality and protections under the law regardless of their have experienced violence against their person, or having gender identity. It's time for us to move forward into the 21st access to a full range of medical care is not guaranteed to century and recognize Maine's rich history of strong people every woman in our state or in our country. Pay inequity, and move forward and pass this. I urge you to follow my light. gender discrimination in the workplace, violence against The SPEAKER PRO TEM: The Chair recognizes the women, and gaining fair access to medical care are all issues Representative from Gray, Representative Austin. that continue to concern many women in our state and in this Representative AUSTIN: Mr. Speaker, thank you. country. Just because I may feel that some of these issues do Ladies and Gentlemen of the House, good morning. Over the not impact my life does not clear me of the responsibility to years I've had the pleasure and the opportunity to work with raise the standard of protection under the Constitution for many capable, outstanding women in both public and private others. I am a woman confident enough in my own strength to positions. They have set goals and they have worked to recognize that that strength and my capabilities are not accomplish so much. They have been strong role models for threatened by formalizing the equality of women under the all of our youth and the people around us. At home, we have Constitution. been blessed with 12 grandchildren. Seven of those children I urge you to join me in supporting this bill and ensuring happen to be young women. Those young women are being equal rights under the law for women. raised and they actually know no other message than that they The SPEAKER PRO TEM: The Chair recognizes the are equal, and they are encouraged to become and do Representative from South Portland, Representative Reckitt. anything they want. Representative RECKITT: Thank you, Mr. Speaker, Men I think, in my simplest of simplest ways, that women are and Women of the House. Some of you know I didn't expect equal and equally blessed and extraordinarily blessed to be this vote to come up this week. I was a bit surprised; it took able to bring new life to the next generation. So, to the good me a while to calm down. However, when I thought of it, I intentions of others, I say thank you, but no thank you. I realized this vote could not come too soon. This Resolution, believe that we are in very good standing and women are this Equal Rights Amendment, is an outgrowth of my life's work equal. Sincerely yours. for equality for women and men, both on the national level and The SPEAKER PRO TEM: The Chair recognizes the this state. We have as yet failed on the national level, as some Representative from Saco, Representative O'Neil. of you know. The federal Equal Rights Amendment is still not Representative O’NEIL: Mr. Speaker, I rise in support of the law of this land. But that doesn’t prevent us from making the Resolution before the Chamber. an equal rights amendment the law of this state. As a state, we enshrine our most cherished and important Not only is this my life's work, it's what I believe. It's who values in our Constitution. We lay out the building blocks of a I am. In this process, 118 members of this House and the government by and for the good of the people. We've made a body across the way, the Senate, have co-sponsored this bill. great deal of progress as a country since the Equal Rights That's half of all of us plus another 25 people to spare. As I've Amendment was first proposed in 1923. Though we've made talked to each of you, we have talked as equals, and that's significant gains, we still have much more work to do. Our what I want each Mainer to believe can be their reality. As I successes do not diminish the importance of protecting against mentioned when I spoke at the hearing, I said, you know, this discrimination. As stated by the Representative from South is Maine's bicentennial. It's just about the centennial of Portland, women today still face discrimination and gender- women's vote. Really, it's time. based violence in a broad range of areas. This is particularly I want to thank those of you who vote with me today and true for women whose identities intersect with other social for those of you that don't, I want to thank you for sharing this factors. Our Constitution should explicitly protect against sex- moment with me and for being willing to be a part of Maine based discrimination both to reflect the progress we have

H-550 JOURNAL AND LEGISLATIVE RECORD - HOUSE, May 14, 2019 history and of my history. I hope, however, that you'll be on my Madigan C, Martin J, Martin R, Mastraccio, Matlack, Maxmin, side of history, of course. McCrea, McCreight, McDonald, Melaragno, Meyer, Moonen, Speaking this moment for my granddaughters, the oldest Morales, Nadeau, O'Neil, Paulhus, Pebworth, Peoples, Perry of whom resides in the district of the Good Representative from A, Perry J, Pierce T, Pluecker, Reckitt, Riley, Riseman, Dexter, and the youngest who resides in the district of the Roberts-Lovell, Rykerson, Schneck, Sharpe, Sheats, Stanley, Good Representative from Hamden, I hope that you two will Stover, Sylvester, Talbot Ross, Tepler, Terry, Tipping, Tucker, think about my grandchildren, my granddaughters, and Verow, Warren, White B, Zeigler, Madam Speaker. probably yours, and vote with me today. NAY - Andrews, Arata, Austin S, Bickford, Blier, I also want to thank all of you who spoke out today and at Bradstreet, Campbell, Cebra, Corey, Costain, Curtis, DeVeau, the hearings, and especially the young women who spoke Dillingham, Dolloff, Faulkingham, Fecteau J, Foster, Griffin, today because they indeed are the future of Maine and I hope Haggan, Hall, Hanley, Harrington, Head, Higgins, Hutchins, that that future includes equality under the strictest of scrutiny, Javner, Johansen, Keschl, Kinney, Lockman, Lyford, Marean, however it comes. Martin T, Mason, Millett, Morris, O'Connor, Ordway, Perkins, This is a hard one for me and I frankly think that today's Pickett, Prescott, Reed, Rudnicki, Sampson, Skolfield, Stearns, vote will probably go my way. I don't know whether it will, Stetkis, Stewart, Strom, Swallow, Theriault, Tuell, Wadsworth, ultimately, but I hope that we can look at the fact that everyone White D. in Maine deserves to have their voice heard on this issue, not ABSENT - Doore, Drinkwater, Grignon, Hanington, just the hundred, and I can never remember the number, 151 Harnett, Kryzak, McLean. in this House and 35, and if I could add it quickly, I would, but I Yes, 87; No, 54; Absent, 7; Excused, 2. only was a math major for a year so I apparently can't manage 87 having voted in the affirmative and 54 voted in the that one. So, I really want to ask you today to consider doing negative, with 7 being absent and 2 excused, and accordingly what I hope you will come to believe is the right thing. I do that the Majority Ought to Pass as Amended Report was occasionally myself. Somebody asked me today why I voted ACCEPTED. on a particular bill, whether it was personal that I voted that The Resolution was READ ONCE. Committee way, and I said no, no, I just wanted a minute to vote as my Amendment "A" (H-230) was READ by the Clerk and heart and my conscience said. I hope that some of you today ADOPTED. will think of your children, your daughters, your Under suspension of the rules, the Resolution was given granddaughters, your great-granddaughters, and choose to its SECOND READING WITHOUT REFERENCE to the vote with me today, and I appreciate every last one of you that Committee on Bills in the Second Reading. will. I'm actually sort of fond of some of you that won't, but I Under further suspension of the rules, the Resolution was would rather you were with me. PASSED TO BE ENGROSSED as Amended by Committee Last night when I panicked and called a friend and I said I Amendment "A" (H-230) and sent for concurrence. don't know what I'm going to do, I don't have a Floor speech ______written, he said the way you talk about this is from the heart because that's the way you're the most effective, and this Majority Report of the Committee on JUDICIARY means so much to me. I have spent almost 50 years of my life reporting Ought to Pass on Bill "An Act To Clarify Maine's working for the Equal Rights Amendment and I haven’t won Protection from Abuse Statutes" yet, but I am a persistent son of a gun and I suspect you (H.P. 733) (L.D. 978) haven't heard the end of me, I hope, if my constituents agree. Signed: But it's important today that we send a message to people in Senators: this state, even if we fail on final enactment, that this body CARPENTER of Aroostook believes that equality is the right of women and girls in this BELLOWS of Kennebec state and the men in this state. It's often lost in the discussion that really this is likely to help men quicker than it will help Representatives: women, in the same kind of way that the early anti- BAILEY of Saco discrimination bills did. The first things that happened is men BABBIDGE of Kennebunk got helped by them, and that's fine, because what I want is CARDONE of Bangor equality between men and women, equality amongst all of us CURTIS of Madison in this state, and I hope that you will join me today in this move EVANGELOS of Friendship to try to do that, so that the young boys, the young girls, the HAGGAN of Hampden babies just being born, will come up in a world where they, in HARNETT of Gardiner fact, will be totally equal, one with the other. Thank you so RECKITT of South Portland much, Mr. Speaker. TALBOT ROSS of Portland The SPEAKER PRO TEM: A roll call has been ordered. The pending question before the House is Acceptance of the Minority Report of the same Committee reporting Ought Majority Ought to Pass as Amended Report. All those in favor Not to Pass on same Bill. will vote yes, those opposed will vote no. Signed: ROLL CALL NO. 92 Senator: YEA - Ackley, Alley, Austin B, Babbidge, Babine, Bailey, KEIM of Oxford Beebe-Center, Berry, Blume, Brennan, Bryant, Caiazzo, Cardone, Carney, Cloutier, Collings, Cooper, Craven, Crockett, READ. Cuddy, Daughtry, Denk, Dodge, Doudera, Dunphy, Evangelos, On motion of Representative BAILEY of Saco, the Farnsworth, Fay, Fecteau R, Foley, Gattine, Gramlich, Majority Ought to Pass Report was ACCEPTED. Grohoski, Handy, Hepler, Hickman, Hobbs, Hubbell, The Bill was READ ONCE. Hymanson, Ingwersen, Jorgensen, Kessler, Kornfield, Landry,

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Under suspension of the rules, the Bill was given its from one of the TV ads. It says it promotes civility in SECOND READING WITHOUT REFERENCE to the campaigns and encourages winning candidates to reach out to Committee on Bills in the Second Reading. more people, reducing negative attacks. Just two years after Under further suspension of the rules, the Bill was ranked-choice voting passed in Maine, the 2018 congressional PASSED TO BE ENGROSSED and sent for concurrence. race for Maine's 2nd District became the most expensive in ______Maine's history, translating into even more negative ads; not more civility. Majority Report of the Committee on VETERANS AND Another unkept promise sold to the voters was that the LEGAL AFFAIRS reporting Ought Not to Pass on Bill "An Act winners of the elections would receive at least 50% of the To Repeal the Ranked-choice Voting Law" votes. Maine's citizens were inundated with hundreds of (H.P. 877) (L.D. 1213) thousands of dollars in ads stating RCV is most likely to elect a Signed: candidate with broad appeal, it ensures that winners enjoy Senators: majority support when matched against their top opponents. LUCHINI of Hancock Well, the facts are now in and in 2018 the 2nd Congressional HERBIG of Waldo race, Jared Golden was declared the winner with 142,440 votes of the 289,332 cast in that race. With some simple math, Representatives: it is clear the winner did not receive more than 50% of the vote. SCHNECK of Bangor With this abbreviated collection of points that have proven ACKLEY of Monmouth untrue of the campaign that brought us ranked-choice voting, I COOPER of Yarmouth have personally heard from hundreds of Maine voters who HICKMAN of Winthrop have lost their confidence that their most fundamental right to HUBBELL of Bar Harbor have their vote counted has been taken away. McCREIGHT of Harpswell Just the fear that a person's vote no longer counts can cause some to not bother to vote and, in a sense, ultimately Minority Report of the same Committee reporting Ought suppresses the vote. If there were a lemon law for legislation, to Pass as Amended by Committee Amendment "A" (H- this experiment would surely qualify. Supporting a full repeal 232) on same Bill. of ranked-choice voting will restore confidence in Maine's Signed: election system for thousands of our constituents. More Senator: specifically, Mr. Speaker, in 2016, Maine's Congressional CYRWAY of Kennebec District Number 2 voted 153,391 to 171,278, a resounding 53% to 47%, no, we do not want ranked-choice voting. Representatives: Androscoggin County said no; Aroostook County said no; ANDREWS of Paris Franklin County said no; Oxford County said no; Penobscot, DOLLOFF of Rumford no; Piscataquis, no; Waldo, no; Washington, no; Somerset HANINGTON of Lincoln County, no. In my district, the no vote was 44% to 56% no, STROM of Pittsfield with the two towns, Cambridge and Ripley, voting no better than two to one at 65% of the vote no. READ. Many of the people in District 2 feel disenfranchised Representative SCHNECK of Bangor moved that the under the ranked-choice voting system and have expressed to House ACCEPT the Majority Ought Not to Pass Report. me that they feel their voice is no longer being heard. Representative STROM of Pittsfield REQUESTED a roll Men and Women of the House, join with me today voting call on the motion to ACCEPT the Majority Ought Not to Pass down this current motion in order to return confidence to our Report. election system to thousands of our constituents. Thank you, More than one-fifth of the members present expressed a Mr. Speaker. desire for a roll call which was ordered. The SPEAKER PRO TEM: A roll call has been ordered. The SPEAKER PRO TEM: The Chair recognizes the The pending question before the House is Acceptance of the Representative from Canaan, Representative Stetkis. Majority Ought Not to Pass Report. All those in favor will vote Representative STETKIS: Thank you, Mr. Speaker. I yes, those opposed will vote no. stand in opposition of the current motion. ROLL CALL NO. 93 As we all know, in 2016, ranked-choice voting was YEA - Ackley, Alley, Austin B, Babbidge, Babine, Bailey, introduced in Maine on the ballot as question five. The two- Beebe-Center, Berry, Blume, Brennan, Bryant, Caiazzo, and-a-half-million-dollar out-of-state dark money campaign Cardone, Carney, Cloutier, Collings, Cooper, Craven, Crockett, sold the voters a false bill of goods that has created confusion, Cuddy, Daughtry, Denk, Dodge, Doudera, Dunphy, Evangelos, lack of confidence and the disenfranchisement of a very large Farnsworth, Fay, Fecteau R, Foley, Gattine, Gramlich, number of Maine voters. Grohoski, Handy, Hepler, Hickman, Hobbs, Hubbell, The voters were sold the idea that ranked-choice voting Hymanson, Ingwersen, Jorgensen, Kessler, Kornfield, Landry, was a legal election method in our state. As we found out in Madigan C, Martin J, Martin R, Mastraccio, Matlack, Maxmin, May of 2017 in an opinion handed down from the Maine McCrea, McCreight, McDonald, Melaragno, Meyer, Moonen, Supreme Court that ranked-choice voting conflicts with the Morales, Nadeau, O'Neil, Paulhus, Pebworth, Peoples, Perry Maine Constitution, I'm confident that if just this piece of A, Perry J, Pierce T, Pluecker, Reckitt, Riley, Riseman, information was available at the time, the voters would’ve Roberts-Lovell, Rykerson, Schneck, Sharpe, Sheats, Stover, soundly rejected the RCV experiment. Throughout the Sylvester, Talbot Ross, Tepler, Terry, Tipping, Tucker, Verow, summer and fall of 2016, the voters were also bombarded with Warren, White B, Zeigler, Madam Speaker. an ad campaign promising them that this system would reduce NAY - Andrews, Arata, Austin S, Blier, Bradstreet, political negative attacks and improve civility. This is a quote Campbell, Cebra, Corey, Costain, Curtis, DeVeau, Dillingham,

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Dolloff, Faulkingham, Fecteau J, Foster, Griffin, Haggan, Hall, Grohoski, Handy, Hepler, Hickman, Hobbs, Hubbell, Hanley, Harrington, Head, Higgins, Hutchins, Javner, Hymanson, Ingwersen, Jorgensen, Kessler, Kornfield, Landry, Johansen, Keschl, Kinney, Lockman, Lyford, Marean, Martin T, Madigan C, Martin J, Martin R, Mastraccio, Matlack, Maxmin, Mason, Millett, Morris, O'Connor, Perkins, Pickett, Prescott, McCrea, McDonald, Melaragno, Meyer, Moonen, Morales, Reed, Rudnicki, Sampson, Skolfield, Stanley, Stearns, Stetkis, Nadeau, O'Neil, Paulhus, Pebworth, Peoples, Perry A, Perry J, Stewart, Strom, Swallow, Theriault, Tuell, Wadsworth, White D. Pierce T, Pluecker, Reckitt, Riley, Riseman, Roberts-Lovell, ABSENT - Bickford, Doore, Drinkwater, Grignon, Rykerson, Schneck, Sharpe, Sheats, Stanley, Stover, Hanington, Harnett, Kryzak, McLean, Ordway. Sylvester, Talbot Ross, Tepler, Terry, Tipping, Tucker, Verow, Yes, 86; No, 53; Absent, 9; Excused, 2. Warren, White B, Zeigler, Madam Speaker. 86 having voted in the affirmative and 53 voted in the NAY - Andrews, Arata, Austin S, Blier, Bradstreet, negative, with 9 being absent and 2 excused, and accordingly Campbell, Cebra, Corey, Costain, Curtis, DeVeau, Dillingham, the Majority Ought Not to Pass Report was ACCEPTED and Dolloff, Faulkingham, Fecteau J, Foster, Griffin, Haggan, Hall, sent for concurrence. Hanley, Harrington, Head, Higgins, Hutchins, Javner, ______Johansen, Keschl, Kinney, Lockman, Lyford, Marean, Martin T, Mason, Millett, Morris, O'Connor, Perkins, Pickett, Prescott, Majority Report of the Committee on VETERANS AND Reed, Rudnicki, Sampson, Skolfield, Stearns, Stetkis, Stewart, LEGAL AFFAIRS reporting Ought Not to Pass on Strom, Swallow, Theriault, Tuell, Wadsworth, White D. RESOLUTION, Proposing an Amendment to the Constitution ABSENT - Bickford, Doore, Drinkwater, Grignon, of Maine To Require State and Congressional Elections To Be Hanington, Harnett, Kryzak, McCreight, McLean, Ordway. Decided by a Plurality of Votes Cast Yes, 86; No, 52; Absent, 10; Excused, 2. (H.P. 960) (L.D. 1332) 86 having voted in the affirmative and 52 voted in the Signed: negative, with 10 being absent and 2 excused, and accordingly Senators: the Majority Ought Not to Pass Report was ACCEPTED and LUCHINI of Hancock sent for concurrence. HERBIG of Waldo ______

Representatives: Majority Report of the Committee on VETERANS AND SCHNECK of Bangor LEGAL AFFAIRS reporting Ought Not to Pass on Bill "An Act ACKLEY of Monmouth To Simplify Voting in Maine by Placing a Moratorium on COOPER of Yarmouth Ranked-choice Voting" HICKMAN of Winthrop (H.P. 1059) (L.D. 1447) HUBBELL of Bar Harbor Signed: McCREIGHT of Harpswell Senators: LUCHINI of Hancock Minority Report of the same Committee reporting Ought HERBIG of Waldo to Pass as Amended by Committee Amendment "A" (H- 233) on same RESOLUTION. Representatives: Signed: SCHNECK of Bangor Senator: ACKLEY of Monmouth CYRWAY of Kennebec COOPER of Yarmouth HICKMAN of Winthrop Representatives: HUBBELL of Bar Harbor ANDREWS of Paris McCREIGHT of Harpswell DOLLOFF of Rumford HANINGTON of Lincoln Minority Report of the same Committee reporting Ought STROM of Pittsfield to Pass as Amended by Committee Amendment "A" (H- 234) on same Bill. READ. Signed: Representative SCHNECK of Bangor moved that the Senator: House ACCEPT the Majority Ought Not to Pass Report. CYRWAY of Kennebec Representative STROM of Pittsfield REQUESTED a roll call on the motion to ACCEPT the Majority Ought Not to Pass Representatives: Report. ANDREWS of Paris More than one-fifth of the members present expressed a DOLLOFF of Rumford desire for a roll call which was ordered. HANINGTON of Lincoln The SPEAKER PRO TEM: A roll call has been ordered. STROM of Pittsfield The pending question before the House is Acceptance of the Majority Ought Not to Pass Report. All those in favor will vote READ. yes, those opposed will vote no. Representative SCHNECK of Bangor moved that the ROLL CALL NO. 94 House ACCEPT the Majority Ought Not to Pass Report. YEA - Ackley, Alley, Austin B, Babbidge, Babine, Bailey, Representative STROM of Pittsfield REQUESTED a roll Beebe-Center, Berry, Blume, Brennan, Bryant, Caiazzo, call on the motion to ACCEPT the Majority Ought Not to Pass Cardone, Carney, Cloutier, Collings, Cooper, Craven, Crockett, Report. Cuddy, Daughtry, Denk, Dodge, Doudera, Dunphy, Evangelos, More than one-fifth of the members present expressed a Farnsworth, Fay, Fecteau R, Foley, Gattine, Gramlich, desire for a roll call which was ordered.

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The SPEAKER PRO TEM: A roll call has been ordered. READ. The pending question before the House is Acceptance of the Representative SCHNECK of Bangor moved that the Majority Ought Not to Pass Report. All those in favor will vote House ACCEPT the Majority Ought Not to Pass Report. yes, those opposed will vote no. The SPEAKER PRO TEM: The Chair recognizes the ROLL CALL NO. 95 Representative from Vassalboro, Representative Bradstreet. YEA - Ackley, Alley, Austin B, Babbidge, Babine, Bailey, Representative BRADSTREET: Thank you, Mr. Beebe-Center, Berry, Blume, Brennan, Bryant, Caiazzo, Speaker, Ladies and Gentlemen of the House. I rise today in Cardone, Carney, Cloutier, Collings, Cooper, Craven, Crockett, opposition to the pending motion. Cuddy, Daughtry, Denk, Dodge, Doudera, Dunphy, Evangelos, This bill would properly give the citizens of each Farnsworth, Fay, Fecteau R, Foley, Gattine, Gramlich, Congressional District the opportunity to decide what they want Grohoski, Handy, Hepler, Hickman, Hobbs, Hubbell, to do regarding ranked-choice voting rather than having it Hymanson, Ingwersen, Jorgensen, Kessler, Kornfield, Landry, imposed on them. I'd like to stress that the bill is agnostic Madigan C, Martin J, Martin R, Mastraccio, Matlack, Maxmin, toward ranked-choice voting. It merely enables each McCrea, McCreight, McDonald, Melaragno, Meyer, Moonen, Congressional District to choose for itself, that's all. Isn't that Morales, Nadeau, O'Neil, Paulhus, Pebworth, Peoples, Perry what we stand for; to let the people be heard? In traveling A, Perry J, Pierce T, Pluecker, Reckitt, Riley, Riseman, around my district, which is in Congressional District 1, by the Roberts-Lovell, Rykerson, Schneck, Sharpe, Sheats, Stover, way, the repeated complaints I received was that they didn't Sylvester, Talbot Ross, Tepler, Terry, Tipping, Tucker, Verow, vote for ranked-choice voting so why do we have to do it. Now Warren, White B, Zeigler, Madam Speaker. that the people have had a chance to experience ranked- NAY - Andrews, Arata, Austin S, Blier, Bradstreet, choice voting firsthand, they'll be able to once again voice their Campbell, Cebra, Corey, Costain, Curtis, DeVeau, Dillingham, opinions, only this time from a more informed perspective. Dolloff, Faulkingham, Fecteau J, Foster, Griffin, Haggan, Hall, When I return to my constituents, I'll be happy to say that Hanley, Harrington, Head, Higgins, Hutchins, Javner, I voted to let them choose and I hope that we all can say that Johansen, Keschl, Kinney, Lockman, Lyford, Marean, Martin T, when we go back to our districts. Please join me in voting no Mason, Millett, Morris, O'Connor, Perkins, Pickett, Prescott, against the pending motion. Thank you, Mr. Speaker. Reed, Rudnicki, Sampson, Skolfield, Stanley, Stearns, Stetkis, Representative DILLINGHAM of Oxford REQUESTED a Stewart, Strom, Swallow, Theriault, Tuell, Wadsworth, White D. roll call on the motion to ACCEPT the Majority Ought Not to ABSENT - Bickford, Doore, Drinkwater, Grignon, Pass Report. Hanington, Harnett, Kryzak, McLean, Ordway. More than one-fifth of the members present expressed a Yes, 86; No, 53; Absent, 9; Excused, 2. desire for a roll call which was ordered. 86 having voted in the affirmative and 53 voted in the The SPEAKER PRO TEM: The Chair recognizes the negative, with 9 being absent and 2 excused, and accordingly Representative from Paris, Representative Andrews. the Majority Ought Not to Pass Report was ACCEPTED and Representative ANDREWS: Thank you, Mr. Speaker. sent for concurrence. This is a common sense bill. The Congressional District ______should have the freedom to select the mechanism that they want to use to elect their congressional representative. I feel Majority Report of the Committee on VETERANS AND this would go a long way in healing the rift between CD 1 and LEGAL AFFAIRS reporting Ought Not to Pass on Bill "An Act CD 2. Please vote against the pending motion. Thank you. Concerning Elections in Maine Congressional Districts" The SPEAKER PRO TEM: The Chair recognizes the (H.P. 1066) (L.D. 1454) Signed: Representative from Winter Harbor, Representative Senators: Faulkingham. LUCHINI of Hancock Representative FAULKINGHAM: Thank you, Mr. HERBIG of Waldo Speaker. When the people of my district, and my district, by the way, is entirely in the Second Congressional District, when Representatives: that came up for a vote, the people of Fletcher's Landing, no; SCHNECK of Bangor the people of Mariaville, no; the people of Waltham, no; the ACKLEY of Monmouth people of Sorrento, no; the people of Hancock, no; the people COOPER of Yarmouth of Gouldsboro, no; the people of Sullivan, no; the people of HICKMAN of Winthrop Steuben, no; the people of Winter Harbor, no; the people of HUBBELL of Bar Harbor Osborn, no. Every town in my district voted no. Please let the McCREIGHT of Harpswell people of my district have a choice in voting on this matter and vote no on the pending motion. Minority Report of the same Committee reporting Ought The SPEAKER PRO TEM: The Chair recognizes the to Pass as Amended by Committee Amendment "A" (H- Representative from Caribou, Representative DeVeau. 235) on same Bill. Representative DeVEAU: Thank you, Mr. Chair Pro Signed: Tem. Congressional District 2 voted overwhelmingly not to Senator: have ranked-choice voting and it was overturned by the Senate CYRWAY of Kennebec or Congressional District 1. Caribou voted no, New Sweden voted no and Westmanland voted no. The idea is the equal Representatives: representation for the districts and allowing the Congressional ANDREWS of Paris Districts to vote on their own individuals by their own means DOLLOFF of Rumford would be the proper way to do this. I request that you follow HANINGTON of Lincoln my light. Thank you. STROM of Pittsfield The SPEAKER PRO TEM: The Chair recognizes the Representative from Penobscot, Representative Hutchins.

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Representative HUTCHINS: Thank you, Mr. Speaker Pro Majority Ought Not to Pass Report. All those in favor will vote Tem. Keeping up with the idea of making it clear as to why yes, those opposed will vote no. people might want to vote one way or the other on this issue, ROLL CALL NO. 96 it's been quite a long time since the election and the process YEA - Ackley, Alley, Austin B, Babbidge, Babine, Bailey, was gone through to count the votes and recount the votes and Beebe-Center, Berry, Blume, Brennan, Bryant, Caiazzo, some people feel they didn't get as equal number of votes as Cardone, Carney, Cloutier, Collings, Cooper, Craven, Crockett, others did, but nothing has been said as to how much extra it Cuddy, Daughtry, Denk, Dodge, Doore, Doudera, Dunphy, cost the State of Maine. And any of the extra that it cost, I'm Evangelos, Farnsworth, Fay, Fecteau R, Foley, Gattine, sure can be figured out by someone. Perhaps I should ask a Gramlich, Grohoski, Handy, Hepler, Hickman, Hobbs, Hubbell, question. Hymanson, Ingwersen, Jorgensen, Kessler, Kornfield, Landry, The SPEAKER PRO TEM: Would the Member like to Madigan C, Martin J, Martin R, Mastraccio, Matlack, Maxmin, pose a question through the Chair? McCrea, McCreight, McDonald, Melaragno, Meyer, Moonen, Representative HUTCHINS: Yes, I would like to pose a Morales, Nadeau, O'Neil, Paulhus, Pebworth, Peoples, Perry question. A, Perry J, Pierce T, Pluecker, Reckitt, Riley, Riseman, The SPEAKER PRO TEM: The Member may proceed. Roberts-Lovell, Rykerson, Schneck, Sharpe, Sheats, Stanley, Representative HUTCHINS: And the question is what is Stover, Sylvester, Talbot Ross, Tepler, Terry, Tipping, Tucker, an honest accounting of the extra money that it cost to run this Verow, Warren, White B, Zeigler, Madam Speaker. type of election as opposed to what we are traditionally used NAY - Andrews, Arata, Austin S, Blier, Bradstreet, to, especially for the Second District that didn't even want to Campbell, Cebra, Corey, Costain, Curtis, DeVeau, Dillingham, run it this way, and if we - it's a long question - and if in the Dolloff, Faulkingham, Fecteau J, Foster, Griffin, Haggan, Hall, future we try to go to put more people, more seats into this Hanley, Harrington, Head, Higgins, Hutchins, Javner, election, how much will it cost? An honest answer, from all the Johansen, Keschl, Kinney, Lockman, Lyford, Marean, Martin T, transportation, all accounting, and I'd like to see that figure. Mason, Millett, Morris, O'Connor, Perkins, Pickett, Prescott, Thank you. Reed, Rudnicki, Sampson, Skolfield, Stearns, Stetkis, Stewart, The SPEAKER PRO TEM: The Member has posed a Strom, Swallow, Theriault, Tuell, Wadsworth, White D. very long question through the Chair to anyone who cares to ABSENT - Bickford, Drinkwater, Grignon, Hanington, answer. The Chair recognizes the Representative from Harnett, Kryzak, McLean, Ordway. Orrington, Representative Campbell. Yes, 88; No, 52; Absent, 8; Excused, 2. Representative CAMPBELL: Thank you, Mr. Speaker. A 88 having voted in the affirmative and 52 voted in the lot. negative, with 8 being absent and 2 excused, and accordingly The SPEAKER PRO TEM: The Chair recognizes the the Majority Ought Not to Pass Report was ACCEPTED and Representative from South Portland, Representative Reckitt. sent for concurrence. Representative RECKITT: Thank you, Mr. Speaker. I ______have a question for someone who could answer it. Majority Report of the Committee on VETERANS AND The SPEAKER PRO TEM: The Member may proceed. LEGAL AFFAIRS reporting Ought to Pass as Amended by Representative RECKITT: I just looked at the bill and it Committee Amendment "A" (H-236) on RESOLUTION, says that it's going to be decided by referendum by each of the Proposing an Amendment to the Constitution of Maine To Congressional Districts. Would that mean that it would be Facilitate the Use of Ranked-choice Voting for Governor and decided each and every election by referendum or is Members of the Legislature somebody proposing a change to the, you should pardon the (H.P. 1079) (L.D. 1477) expression, Constitution. Signed: The SPEAKER PRO TEM: The Member has posed a Senators: question through the Chair to anyone who cares to answer. LUCHINI of Hancock The Chair recognizes the Representative from Belgrade, HERBIG of Waldo Representative Keschl.

Representative KESCHL: Thank you, Mr. Speaker. My Representatives: assumption would be it depends on how the Secretary of State SCHNECK of Bangor writes the referendum question. He could write it as an ACKLEY of Monmouth ongoing issue or not. COOPER of Yarmouth The SPEAKER PRO TEM: The Chair recognizes the HICKMAN of Winthrop Representative from Oxford, Representative Dillingham. HUBBELL of Bar Harbor Representative DILLINGHAM: Thank you. From reading McCREIGHT of Harpswell the language and speaking to Members on committee, I believe the intent would be that no, once the vote is held and Minority Report of the same Committee reporting Ought it's set, that would carry forward until something else came Not to Pass on same RESOLUTION. forward, hopefully not, but to change it. Signed: The SPEAKER PRO TEM: The Chair recognizes the Senator: Representative from Vassalboro, Representative Bradstreet. CYRWAY of Kennebec Representative BRADSTREET: Thank you, Mr. Speaker. Yes, as the sponsor of the bill, that was clearly my Representatives: intent and it was expressed to the revisor's office when I ANDREWS of Paris submitted it. Thank you. DOLLOFF of Rumford HANINGTON of Lincoln The SPEAKER PRO TEM: A roll call has been ordered. STROM of Pittsfield The pending question before the House is Acceptance of the

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READ. I'll be voting for this motion today because I believe that Representative SCHNECK of Bangor moved that the the citizens of Maine agree. Maine's citizens are the ultimate House ACCEPT the Majority Ought to Pass as Amended owners of their self-government; let's ask them if they think Report. they should be a check and balance on the inaction of a Representative STROM of Pittsfield REQUESTED a roll Legislature. Elected officials should not solely determine how call on the motion to ACCEPT the Majority Ought to Pass as it is that elected officials are elected. Thank you, Mr. Speaker. Amended Report. The SPEAKER PRO TEM: The Chair recognizes the More than one-fifth of the members present expressed a Representative from Pittsfield, Representative Strom. desire for a roll call which was ordered. Representative STROM: Thank you, Mr. Speaker. I rise The SPEAKER PRO TEM: The Chair recognizes the in opposition to the pending motion and I do so because if you Representative from Monmouth, Representative Ackley. look at what this bill does, it's going to allow ranked-choice Representative ACKLEY: Thank you, Mr. Speaker, my voting to be used in races for the Legislature. Now, when this Friends in the House, and rather than make multiple Floor was passed at the ballot, the majority of the districts that we speeches today, I thought I'd throw it all in to one. represent voted no on this. As you've heard in these other Mr. Speaker, since 2016, the Legislature has been having Floor speeches today on these other ranked-choice voting this slow-motion conversation with the citizens of Maine about measures, people stood up and have said how every town in who gets the last say in determining our election methods. their districts voted this down. If everybody in this room was to After three years, two signature drives, multiple statewide vote how the majority of the voters in their district voted on ballots involving votes of hundreds of thousands of citizens, the ranked-choice voting, this would be voted down. Thank you. people of Maine had decided to take matters into their own The SPEAKER PRO TEM: The Chair recognizes the hands when the Legislature would not. They have exercised Representative from Dexter, Representative Foster. their constitutional rights twice now and we have ranked-choice Representative FOSTER: Thank you, Mr. Speaker, voting for some of our statewide elections. The reason it is not Ladies and Gentlemen of the House. I will only refer to a all statewide elections, I suspect, is because the citizens of comment that was made. The people that I represent in my Maine do not have the means for directly changing the district and those in the Second Congressional District were Constitution. not hoodwinked, and thus the reason for their vote against the Now, I have heard it theorized by opponents that the referendum. voters were somehow twice hoodwinked, that the evil influence The SPEAKER PRO TEM: The Chair recognizes the of dark money tricked the electorate into voting for ranked- Representative from Penobscot, Representative Hutchins. choice voting. I hope you can hear the sarcasm in my air Representative HUTCHINS: Thank you, Mr. Speaker Pro quotes, Mr. Speaker. If these hypotheses are really true, then I Tem, Ladies and Gentlemen of the House. We need to think there should be no fear in putting this up to the voters for remember that this is the state that years ago sent a man to a third time so that they can make their intentions clear. prison for tampering with votes back about 1990, give or take a Now, some of the issues brought up today about the first little. And this particular form of voting is a little bit more use of ranked-choice voting in a general election, the Good confusing than just a regular recount. There is a formula put Representative from Canaan mentioned, I think are important together to do it and I, for one, have had quite a few people to address. If I'm understanding correctly, there was the issue say that they really don't understand it very well. I know I don't of votes being thrown out, there was the issue of a fake understand it very well. But when there is the opportunity, as majority and there was the issue of civility. I'll start with civility was just mentioned, for skullduggery, sometimes it will arise, and I can only imagine how uncivil the CD 2 race would have and it did once. So the simpler we can make elections, the been had we not had ranked-choice voting. I suspect there less chance there will be for skullduggery. Thank you very might have been some physical violence on the debate stage. much. As for votes being thrown away, Mr. Speaker, when a The SPEAKER PRO TEM: The Chair recognizes the voter enters the voting booth, knowing what the rules are for Representative from Kennebunk, Representative Babbidge. voting, and they leave a ballot blank, that is their choice. That Representative BABBIDGE: Thank you, Mr. Speaker. is their constitutional right. But they cannot object then to Mr. Speaker, Ladies and Gentlemen of the House, I support having their vote being thrown away. It is the voters that throw LD 1477 because it will give the people a choice and one of away their votes when they leave ballots blank. those choices is change. I believe the people of Maine and the As for the winner receiving fake majorities; I beg to differ. person they entrust with executive power to be their leader are Because if we determine the majority based on who it is that both, the people and the executive, are both better served if expressed a vote, then the majority was clearly the winner of they are elected by a majority of the people's votes and LD that election. If folks left their ballots blank and then we throw 1477 would make that action possible. those folks into the numerator and the denominator, yes, you'll The people are better served because it is a better get a fake majority. But if folks are being counted that expression of the people's will. The Governor is better served expressed an opinion, then the majority was quite clear in that because he or she will serve with undeniable legitimacy -- race, according to the Secretary of State. The SPEAKER PRO TEM: The Member will defer. The The proposed Constitutional Amendment we have before Chair will remind all Members to refer to the Chief Executive as us today says nothing about ranked-choice voting, but it puts the Chief Executive. before us a bigger question that swallows the issue; should The Chair reminded all Members to refer to the Chief elected officials be the only authority to determine how it is that Executive as the Chief Executive. elected officials are elected? In the financial world, someone Representative BABBIDGE: Thank you very much, Mr. who has the power to write themselves a check with someone Speaker. That's the one place where I didn't change that word. else's money without thorough oversight is a recipe for abuse. Thank you very much. We should recognize that the political world is similar. What is important is that Maine's Chief Executive be given what every Chief Executive deserves; a mandate.

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Winning election to be Maine's top official brings with it the of those who voted, which is what we normally operate under, reasonable expectation that most people supported the winner. when exhausted ballots are not counted in the final tally? But especially in Maine's gubernatorial elections, that has not The SPEAKER PRO TEM: The Representative from been true. Just in the last 25 years, we have selected Belgrade, Representative Keschl, has posed a question governors with as little as 39, 38 and 35% of the vote; the through the Chair to anyone who may care to answer. lowest percentages in the nation. It is only with the majority The Chair recognizes the Representative from Presque vote, which LD 1477 would make that a possibility, it is only Isle, Representative Stewart. with that vote that a vote in which most of the people who Representative STEWART: Thank you very much, Mr. voted supported the winner that the immense responsibility of Speaker, and I don't rise to answer the previous speaker's wielding executive power is done with a mandate from the question, nor do I pretend to be a lecturer like the great electorate. Man or woman, the Chief Executive deserves that. Representative from Kennebunk, I know he spent a lot of hours Liberal or Conservative, the voter deserves that. A clear in the classroom, but I would like to bring up to folks' attention expression of the people's will as expressed by a majority vote as we talk about this that the Supreme Court has weighed in is what the electorate deserves and LD 1477 would make that on this measure and they weighed in on this measure because selection possible. Why should we go to the trouble of raising there was a question in regards to what ranked-choice voting the threshold to a majority vote if the people should so can and cannot be applied to as it relates to the wording in our choose? In the case of the Chief Executive, unlike any other Constitution. Now, back in 1820, almost 200 years ago, when public official, they have a security detail and they run an Maine became a state, the framers of our Constitution decided official residence. She hires, directs, and supervises what to put a very deliberate word in that document. It was not used to be 21 staff people, I don't know if that's current, and majority, and while folks may feel that that should be the word commissioners. She either administers the State or she now, that was put in place on purpose. And I believe that the appoints the people who do. For the more than 12,000 people chief reason behind that is because of the fact that that word in the Executive Branch that run this state, the buck stops with protects the will of the minority from being overrun by the her. She is responsible for enforcement of the laws, laws for majority, from mob rule, which is, in effect, what we are 1.3 million people who live throughout 35,000 square miles of deliberating on today; whether or not we're going to listen to territory. She wields power as Commander in Chief of the the minority at all. And, consequently, if we wanted to change Maine National Guard, she wields ultimate authority to create, that word, we have to deliberate on it in this body, which we're approve and present an $8 billion comprehensive biennial currently doing, and then get to a super majority or two-thirds budget. She alone has the power to overturn the work of both in order to actually enact that change. That's also not on law enforcement and the Judicial Branch with a pardon. And, accident. There's a reason that that threshold, that standard is finally, as the sole executive, she has the immense power to so high. It's because it protects the minority from being overturn the will of 186 elected Senators and Representatives, overrun by the majority. And that is in effect what we are the entire Executive Branch, with a veto. debating on today, Mr. Speaker. That is, in effect, why this Unlike anyone else, the Chief Executive has great power hasn’t happened any sooner, because the minority folks, do and responsibility given to him or her by the voters. The not feel that this is the right move for the State of Maine and constitutional threshold for that power should be a majority of our 200-year history. So, with that, I would respectfully request voters, in my opinion. This is not about ranked-choice voting that you follow my light and we vote down this measure. alone. I recognize the many advantages of ranked-choice Thank you. voting and I recognize the few disadvantages of ranked-choice The SPEAKER PRO TEM: The Chair recognizes the voting, but what we are talking here is about whether the Chief Representative from Kittery, Representative Rykerson. Executive and the Legislature should be elected by a plurality Representative RYKERSON: Thank you, Mr. Speaker, or a majority, and that decision we should put to the people. Men and Women of the House. Just a little history lesson. It Thank you, Mr. Speaker. was not the framers of the Constitution who inserted this rule The SPEAKER PRO TEM: The Chair recognizes the we're talking about. It was an Amendment to the Constitution, Representative from Yarmouth, Representative Cooper. decades after the Constitution was written. I just wanted to Representative COOPER: Thank you, Mr. Speaker, make people aware of our history in Maine. Thank you. Ladies and Gentlemen of the House. If people in this body are The SPEAKER PRO TEM: The Chair recognizes the confused about the meaning of the Resolution, I understand Representative from Winterport, Representative Cuddy. that. It's long and complicated. But the summary states it well Representative CUDDY: Thank you very much, Mr. and succinctly. This Resolution proposes an Amendment to Speaker, Ladies and Gentlemen of the House. I rise in support the Constitution of Maine to allow the Legislature or the people of the motion. So, as has already been stated very well, the by using the direct initiative to determine whether the Chief bill would allow us to decide whether or not to use majority or Executive, State Senators and State Representatives are plurality either by a vote of this body or by the direct initiative elected by a plurality or a majority of the votes. In other words, by the people. But there's a more fundamental question that this Constitutional Amendment would not require under the was addressed by the Representative from Kennebunkport Constitution either/or the plurality or majority; it leaves it to that I wanted to go over again a little bit. Essentially the subsequent Legislatures or direct initiatives of the people. So question that is brought before us here is really how should the it does not require ranked-choice voting in any sense of the power that is wielded by folks who win elections be granted to word. It permits it, but it does not require it. Thank you. them. All of our authority comes from the people, every last The SPEAKER PRO TEM: The Chair recognizes the ounce of it. If the people decide that this form of government is Representative from Belgrade, Representative Keschl. no longer what they want to use, the people will make that Representative KESCHL: Thank you, Mr. Speaker. change. None of us sitting here, no one sitting in this building, First, I would agree that the best result would be a majority receives their power anywhere but the people. The vote. However, I have a question as it relates to ranked-choice Constitution bounds that power, the Constitution describes that voting. So, how does ranked-choice voting result in a majority power, and the Constitution limits that power, but the power is

H-557 JOURNAL AND LEGISLATIVE RECORD - HOUSE, May 14, 2019 given by the people. So how, then, should that power be and the Constitution as it was constructed at that time said that transferred from the people to their representatives? Should it the Legislature would decide. The Legislature could not decide be transferred by a plurality of people, fewer than the majority, 12 days later and as a result they amended the Constitution or should the power that is vested in those of us that sit in with the language that's in it today, so it was 59 years after we these chairs, that sit in this building, be given to us by a gained statehood that the Constitution reflects what it currently majority of the people? states, and I think it's important that we know that. Currently there are offices in our government that cannot The SPEAKER PRO TEM: The Chair will remind all be elected in a way that demands a majority, but it should be. Members not to refer to other Members by their name. The powers that were described earlier that are wielded by the The Chair recognizes the Representative from Belgrade, Chief Executive are incredible. And for an individual to receive Representative Keschl. that authority and that responsibility and to receive it by 38%, Representative KESCHL: Thank you, Mr. Speaker. I 39% of the voters is, in my mind, a tragedy. We have to guess I am to understand, then, that a majority of those who require, Mr. Speaker, that it is a majority of the people that voted does not elect the candidate as we were told during all of agree that this individual should be the one who holds that the runup to the various referendum questions. People were power. told you're going to get a majority vote. It's not the majority of I've heard a couple of people say today that they are not those votes cast, it's some majority down the road. And the fully clear on how this works and I would recommend; I saw second point I'd like to make is how is a voter supposed to our good Secretary of State, Dunlap, earlier today; stop him know who the opponent is in a ranked-choice runoff or who the and ask him. He explained it to me quickly and simply years opponent is for the next candidate that they're choosing? They ago. The question has been posed how being that the Second don't know, and that's one of the problems with ranked-choice Congressional District was decided by a plurality, how can we voting and I urge you to vote against this amendment. say that this law demands a majority, and it is simple; ranked- The SPEAKER PRO TEM: A roll call has been ordered. choice voting is a form of an instant runoff voting system. We The pending question before the House is Acceptance of the rank our choices. We say who we want more than others. Majority Ought to Pass as Amended Report. All those in favor And each time no one reaches a majority, there is, in essence, will vote yes, those opposed will vote no. a new election held with all of our decisions cast and if an ROLL CALL NO. 97 individual decides they do not want to cast a vote, that is their YEA - Ackley, Alley, Austin B, Babbidge, Babine, Bailey, Berry, right as well. You are not forced to vote for anyone you don't Blume, Brennan, Bryant, Caiazzo, Cardone, Carney, Cloutier, want to vote for, and if you leave your ballot blank, your ballot Collings, Cooper, Craven, Crockett, Cuddy, Daughtry, Denk, is not a part of what determines the majority and you have Dodge, Doore, Doudera, Dunphy, Evangelos, Farnsworth, Fay, made your choice as a voter, Mr. Speaker, to say I do not wish Fecteau R, Foley, Gattine, Gramlich, Grohoski, Handy, Hepler, to vote for any of the people who are left over, none of them Hickman, Hobbs, Hubbell, Hymanson, Ingwersen, Jorgensen, are people I would want to have represent me, and you're Kessler, Kornfield, Landry, Madigan C, Mastraccio, Matlack, welcome to do so. But, understand, that the majority is of Maxmin, McCrea, McCreight, McDonald, Melaragno, Meyer, those who voted in that election. It may well be a different Moonen, Morales, Nadeau, O'Neil, Paulhus, Pebworth, number than the first election if nobody won a majority in that Peoples, Perry A, Perry J, Pierce T, Pluecker, Reckitt, Riley, first election, because some folks may have decided I'm not Riseman, Roberts-Lovell, Rykerson, Schneck, Sharpe, Sheats, willing to vote for anyone who is left over. Stetkis, Stover, Sylvester, Talbot Ross, Tepler, Terry, Tipping, So, I look forward to being able to cast a vote in favor of Tucker, Verow, Warren, White B, Zeigler, Madam Speaker. this and hopefully move us a step closer to giving everybody NAY - Andrews, Arata, Austin S, Bickford, Blier, the option, just the option, of using this system if they so Bradstreet, Campbell, Cebra, Corey, Costain, Curtis, choose. Thank you, Mr. Speaker. Dillingham, Dolloff, Faulkingham, Fecteau J, Foster, Griffin, The SPEAKER PRO TEM: The Chair recognizes the Haggan, Hall, Hanley, Harrington, Head, Higgins, Hutchins, Representative from Monmouth, Representative Ackley. Javner, Johansen, Keschl, Kinney, Lockman, Lyford, Marean, Representative ACKLEY: Thank you, Mr. Speaker. I Martin J, Martin R, Martin T, Mason, Millett, Morris, O'Connor, apologize for rising a second time. I have an answer for the Ordway, Perkins, Pickett, Prescott, Reed, Rudnicki, Skolfield, question from the Good Representative from Belgrade on the Stanley, Stearns, Stewart, Strom, Swallow, Theriault, Tuell, matter of exhausted ballots. I think the previous speaker and Wadsworth, White D. my original speech have been clear about the issue of blank ABSENT - Beebe-Center, DeVeau, Drinkwater, Grignon, ballots and what happens when a blank ballot is submitted and Hanington, Harnett, Kryzak, McLean, Sampson. to include that in a calculation of whether or not this represents Yes, 85; No, 54; Absent, 9; Excused, 2. a majority is illogical. 85 having voted in the affirmative and 54 voted in the On the matter of exhausted ballots, Mr. Speaker, on the negative, with 9 being absent and 2 excused, and accordingly matter of exhausted ballots, I think the previous speaker has the Majority Ought to Pass as Amended Report was been clear; the candidate loses. And accepting the loss of a ACCETPED. candidate who loses on an exhausted ballot is what ranked- The Resolution was READ ONCE. Committee choice voting is about. It's about accepting a loss, Mr. Amendment "A" (H-236) was READ by the Clerk and Speaker, and thank you. ADOPTED. The SPEAKER PRO TEM: The Chair recognizes the Under suspension of the rules, the Resolution was given Representative from Biddeford, Representative Fecteau. its SECOND READING WITHOUT REFERENCE to the Representative FECTEAU: Thank you, Mr. Speaker, Committee on Bills in the Second Reading. Ladies and Gentlemen of the House. I echo the words of the Under further suspension of the rules, the Resolution was Good Representative from Kittery, Representative Rykerson. I PASSED TO BE ENGROSSED as Amended by Committee think it's important to note the history. The Constitution was Amendment "A" (H-236) and sent for concurrence. amended after an 1879 election where there wasn't a majority ______

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waiting lists that those virtual schools have, we decided to Eight Members of the Committee on EDUCATION AND increase that cap to 1,000. And why is the cap necessary? CULTURAL AFFAIRS report in Report "A" Ought to Pass as Because there's still continued debate across the country and Amended by Committee Amendment "A" (H-239) on Bill "An in the State of Maine about the efficacy of virtual charter Act To Limit the Number of Students and Prevent the Addition schools. So, this is a prudent compromise that caps the of Grade Levels at Virtual Public Charter Schools" enrollment at 1,000, allows the state, the Education (H.P. 370) (L.D. 513) Committee, the Department of Education, to further evaluate Signed: the performance of virtual charter schools within the State of Senators: Maine and decide how to move forward in a prudent manner. MILLETT of Cumberland Lastly, the bill does keep the grade level between 7 and 12 for CARSON of Cumberland the two charter schools. So, I think this is a reasonable compromise given the state of virtual schools within the State Representatives: of Maine and I urge you to support the pending motion. KORNFIELD of Bangor The SPEAKER PRO TEM: The Chair recognizes the BRENNAN of Portland Representative from Pittsfield, Representative Strom. DODGE of Belfast Representative STROM: Thank you, Mr. Speaker. I rise FARNSWORTH of Portland in opposition to the pending motion and I do so as a parent of a INGWERSEN of Arundel student who went to one of our virtual charter schools here in McCREA of Fort Fairfield Maine. My youngest son, Tyler, when he was in junior high, went to Maine Virtual Academy, which is based right here in Three Members of the same Committee report in Report Augusta, and he loved it, and as his parent I really saw him "B" Ought to Pass as Amended by Committee Amendment flourish over his time there and it prepared him for high school "B" (H-240) on same Bill. at Maine Central Institute where he goes now. And there's a Signed: reason why these schools have a waiting list. The students Representatives: like them, their parents like them, and I think we should support DRINKWATER of Milford that and not put a cap on these schools. Let the market RUDNICKI of Fairfield determine if they're doing a good job and the parents want to SAMPSON of Alfred send their students there and the students want to go, we should not prevent them. Thank you. Two Members of the same Committee report in Report The SPEAKER PRO TEM: A roll call has been ordered. "C" Ought Not to Pass on same Bill. The pending question before the House is Acceptance of Signed: Report "A" Ought to Pass as Amended. All those in favor will Senator: vote yes, those opposed will vote no. POULIOT of Kennebec ROLL CALL NO. 98 YEA - Ackley, Alley, Austin B, Babbidge, Babine, Bailey, Representative: Berry, Blume, Brennan, Bryant, Caiazzo, Cardone, Carney, FECTEAU of Augusta Cloutier, Collings, Cooper, Craven, Crockett, Cuddy, Daughtry, Denk, Dodge, Doore, Doudera, Dunphy, Evangelos, Representative KORNFIELD of Bangor moved that the Farnsworth, Fay, Fecteau R, Foley, Gattine, Gramlich, House ACCEPT Report "A" Ought to Pass as Amended. Grohoski, Handy, Hepler, Hickman, Hobbs, Hubbell, Representative FECTEAU of Augusta REQUESTED a Hymanson, Ingwersen, Jorgensen, Kessler, Kornfield, Landry, roll call on the motion to ACCEPT Report "A" Ought to Pass Madigan C, Martin J, Martin R, Mastraccio, Matlack, Maxmin, as Amended. McCrea, McCreight, McDonald, Melaragno, Meyer, Moonen, More than one-fifth of the members present expressed a Morales, Nadeau, O'Neil, Paulhus, Pebworth, Peoples, Perry desire for a roll call which was ordered. A, Perry J, Pierce T, Reckitt, Riley, Riseman, Roberts-Lovell, The SPEAKER PRO TEM: The Member may proceed. Rykerson, Schneck, Sharpe, Sheats, Stanley, Stover, Representative FECTEAU: Thank you, Mr. Speaker. I Sylvester, Talbot Ross, Tepler, Terry, Tipping, Tucker, Tuell, rise in opposition to the pending motion. Verow, Warren, White B, Zeigler, Madam Speaker. This bill aims to cap the number of virtual public charter NAY - Andrews, Arata, Austin S, Bickford, Blier, school students. My contention is that at a time we are Bradstreet, Campbell, Cebra, Corey, Costain, Curtis, seeking multiple pathways, choices for students, and a 21st Dillingham, Dolloff, Faulkingham, Fecteau J, Foster, Griffin, century student that desires more flexibility while at the same Haggan, Hall, Hanley, Harrington, Head, Higgins, Hutchins, time, the same rigor of the regular classroom, we should not Javner, Johansen, Keschl, Kinney, Lockman, Lyford, Marean, cap a parent's choice and we should allow the charter school Martin T, Mason, Millett, Morris, O'Connor, Ordway, Perkins, commission to do its job. The virtual schools are already Pickett, Pluecker, Prescott, Reed, Rudnicki, Sampson, limited by their capabilities, standards and enrollment. Thank Skolfield, Stearns, Stetkis, Stewart, Strom, Swallow, Theriault, you. Wadsworth, White D. The SPEAKER PRO TEM: The Chair recognizes the ABSENT - Beebe-Center, DeVeau, Drinkwater, Grignon, Representative from Portland, Representative Brennan. Hanington, Harnett, Kryzak, McLean. Representative BRENNAN: Thank you, Mr. Speaker and Yes, 87; No, 53; Absent, 8; Excused, 2. Men and Women of the House. This bill before us is a 87 having voted in the affirmative and 53 voted in the compromise. Originally, the bill called for a capping at current negative, with 8 being absent and 2 excused, and accordingly enrollment of the two virtual charter schools that we have in the Report "A" Ought to Pass as Amended was ACCEPTED. State of Maine. Presently, there are about 820 students that The Bill was READ ONCE. Committee Amendment attend the two charter schools. But in recognition of the "A" (H-239) was READ by the Clerk and ADOPTED.

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Under suspension of the rules, the Bill was given its different days to serve in hand before posting on the door and SECOND READING WITHOUT REFERENCE to the mailing. If the tenant chose not to attend court, he is still Committee on Bills in the Second Reading. mailed the results and notified of the right to appeal. Next, the Under further suspension of the rules, the Bill was writ of possession is issued seven days after the court PASSED TO BE ENGROSSED as Amended by Committee judgement. The Deputy Sheriff must again make three Amendment "A" (H-239) and sent for concurrence. attempts on three separate days to serve in hand and can post ______and mail on the third try. This is the step that we are proposing to change, by changing the required number of visits to the Six Members of the Committee on JUDICIARY report in premises to serve the writ of possession from three to two. Report "A" Ought to Pass on Bill "An Act To Streamline the After the writ of possession is served, the tenant has 48 hours Eviction Process" to vacate. If the tenant has not vacated the property, the (H.P. 780) (L.D. 1057) landlord will meet the Deputy Sheriff at the property and Signed: change the locks. This could be the tenth visit to the property. Senators: The landlord cannot simply throw away the tenant's CARPENTER of Aroostook possessions. Everything left by the tenant must be stored in a BELLOWS of Kennebec safe, dry, secure location, and the landlord must follow the KEIM of Oxford Maine statute regarding property disposition. Currently, it's possible for a property to be visited ten Representatives: times over the eviction process. This bill simply proposes to CURTIS of Madison eliminate the second to last visit to reduce it to nine times. HAGGAN of Hampden Maine's Deputy Sheriffs work very hard. Because Maine's RECKITT of South Portland counties are so large, they can spend a considerable amount of time traveling hundreds of miles to remote areas to serve Six Members of the same Committee report in Report "B" documents. This bill would reduce some of that wasted time Ought Not to Pass on same Bill. so they can focus on more important tasks while still ensuring Signed: that tenants receive plenty of advance notice. I urge you to Representatives: vote against the Ought Not to Pass motion. Thank you, Mr. BAILEY of Saco Speaker. BABBIDGE of Kennebunk The SPEAKER PRO TEM: A roll call has been ordered. CARDONE of Bangor The pending question before the House is Acceptance of EVANGELOS of Friendship Report "B" Ought Not to Pass. All those in favor will vote yes, HARNETT of Gardiner those opposed will vote no. TALBOT ROSS of Portland ROLL CALL NO. 99 YEA - Ackley, Alley, Austin B, Babbidge, Babine, Bailey, READ. Berry, Blume, Brennan, Bryant, Caiazzo, Cardone, Carney, Representative BAILEY of Saco moved that the House Cloutier, Collings, Cooper, Craven, Crockett, Daughtry, Denk, ACCEPT Report "B" Ought Not to Pass. Dodge, Doore, Doudera, Dunphy, Evangelos, Farnsworth, Representative ARATA of New Gloucester REQUESTED Fecteau R, Foley, Gattine, Gramlich, Grohoski, Handy, Hepler, a roll call on the motion to ACCEPT Report "B" Ought Not to Hickman, Higgins, Hobbs, Hubbell, Hymanson, Ingwersen, Pass. Kessler, Kornfield, Landry, Madigan C, Martin J, Martin R, More than one-fifth of the members present expressed a Mastraccio, Matlack, Maxmin, McCrea, McCreight, McDonald, desire for a roll call which was ordered. McLean, Melaragno, Meyer, Moonen, Morales, Nadeau, The SPEAKER PRO TEM: The Chair recognizes the O'Neil, Paulhus, Pebworth, Peoples, Perry A, Perry J, Pierce T, Representative from New Gloucester, Representative Arata. Pluecker, Reckitt, Riley, Roberts-Lovell, Rykerson, Schneck, Representative ARATA: Thank you, Mr. Speaker and Sharpe, Sheats, Stanley, Stover, Sylvester, Talbot Ross, Ladies and Gentlemen of the House. I stand in opposition to Tepler, Terry, Tipping, Tucker, Verow, Warren, Zeigler, Madam the motion and in support of streamlining the eviction process. Speaker. Evictions in Maine take many weeks because we're NAY - Andrews, Arata, Austin S, Bickford, Blier, careful not to violate the tenant's rights. However, the process Bradstreet, Campbell, Cebra, Corey, Costain, Cuddy, Curtis, is not equitable between landlords and tenants and wastes a Dolloff, Faulkingham, Fay, Fecteau J, Foster, Griffin, Haggan, lot of the Deputy Sheriff's time. Current statute requires ten Hall, Hanley, Harrington, Head, Hutchins, Javner, Johansen, visits to the property if the tenant refuses to answer the door. Jorgensen, Keschl, Kinney, Lockman, Marean, Martin T, This legislation would simply reduce it to nine, by eliminating Mason, Millett, Morris, O'Connor, Ordway, Perkins, Pickett, the second to last visit. Tenants are not surprised when the Prescott, Reed, Riseman, Rudnicki, Sampson, Skolfield, Deputy Sheriff serves the writ of possession because it occurs Stearns, Stetkis, Stewart, Strom, Swallow, Theriault, Tuell, after multiple times of contact and there have been problems Wadsworth, White B, White D. well before the process of eviction even started. ABSENT - Beebe-Center, DeVeau, Dillingham, Now, evictions require a very specific process which is Drinkwater, Grignon, Hanington, Harnett, Kryzak, Lyford. much more complicated than I will explain now, but I will Yes, 84; No, 55; Absent, 9; Excused, 2. outline the notice service process for you. First, the seven-day 84 having voted in the affirmative and 55 voted in the or 30-day notice is served by the landlord or the landlord's negative, with 9 being absent and 2 excused, and accordingly agent with three different efforts at service in hand before the Report "B" Ought Not to Pass was ACCEPTED and sent for notice can be posted on the door and mailed to the tenant. concurrence. After that notice expires, the complaint and court summons are ______served by the Deputy Sheriff requiring three efforts on three

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By unanimous consent, all matters having been acted RESOURCES reporting Ought to Pass as Amended by upon were ORDERED SENT FORTHWITH. Committee Amendment "A" (H-238) ______(H.P. 1041) (L.D. 1431) Resolve, To Support Municipal Recycling Programs (EMERGENCY) Committee on CONSENT CALENDAR ENVIRONMENT AND NATURAL RESOURCES reporting First Day Ought to Pass as Amended by Committee Amendment "A" In accordance with House Rule 519, the following items (H-237) appeared on the Consent Calendar for the First Day: Under suspension of the rules, Second Day Consent (S.P. 89) (L.D. 277) Bill "An Act To Ban Telephone Calendar notification was given. Solicitations Using an Artificial or Prerecorded Voice and There being no objection, the Senate Paper was Enhance Caller Identification" Committee on INNOVATION, PASSED TO BE ENGROSSED as Amended in concurrence DEVELOPMENT, ECONOMIC ADVANCEMENT AND and the House Papers were PASSED TO BE ENGROSSED or BUSINESS reporting Ought to Pass as Amended by PASSED TO BE ENGROSSED as Amended and sent for Committee Amendment "A" (S-88) concurrence. (H.P. 644) (L.D. 870) Bill "An Act To Change the ______Membership of the Maine Commission on Domestic and Sexual Abuse To Include More Tribal Members" Committee ENACTORS on JUDICIARY reporting Ought to Pass Acts (H.P. 1102) (L.D. 1510) Resolve, Regarding Legislative An Act To Ensure the Integrity of For-profit Colleges and Review of Portions of Chapter 101: MaineCare Benefits Universities Manual, Chapter III, Section 97: Private Non-Medical Institution (S.P. 30) (L.D. 103) Services and Appendices B, C, D, E and F, a Late-filed Major (C. "A" S-83) Substantive Rule of the Department of Health and Human An Act To Strengthen Testing for Lead in School Drinking Services (EMERGENCY) Committee on HEALTH AND Water HUMAN SERVICES reporting Ought to Pass (S.P. 40) (L.D. 153) (H.P. 1179) (L.D. 1644) Bill "An Act To Clarify Conflict of (C. "A" S-84) Interest Requirements for the Board of Environmental An Act Authorizing Earned Employee Leave Protection" Committee on ENVIRONMENT AND NATURAL (S.P. 110) (L.D. 369) RESOURCES reporting Ought to Pass (C. "A" S-79) (H.P. 39) (L.D. 38) Bill "An Act To Require Insurance An Act To Make Election Day a State Holiday Coverage for Hearing Aids for Adults" Committee on HEALTH (H.P. 340) (L.D. 431) COVERAGE, INSURANCE AND FINANCIAL SERVICES (C. "A" H-188) reporting Ought to Pass as Amended by Committee An Act To Continue the Doctors for Maine's Future Amendment "A" (H-241) Scholarship Program (H.P. 127) (L.D. 145) Bill "An Act To Expand the (S.P. 118) (L.D. 440) Membership of the Wild Blueberry Commission of Maine" (C. "A" S-61) Committee on AGRICULTURE, CONSERVATION AND An Act To Reduce Hunger and Promote Maine FORESTRY reporting Ought to Pass as Amended by Agriculture Committee Amendment "A" (H-227) (S.P. 230) (L.D. 786) (H.P. 326) (L.D. 417) Bill "An Act To Allow an Attorney (C. "A" S-81) To Copy a Driver's License" Committee on JUDICIARY An Act To Provide Additional Flexibility in the Municipal reporting Ought to Pass as Amended by Committee Property Tax Assistance Programs for Seniors Amendment "A" (H-231) (S.P. 247) (L.D. 811) (H.P. 384) (L.D. 527) Resolve, Directing the Department An Act To Exempt Diapering Products from Sales Tax of Agriculture, Conservation and Forestry, Bureau of Parks and (H.P. 637) (L.D. 863) Lands To Establish a Law Enforcement Training Program for (C. "A" H-212) Park Managers and Certain Bureau Staff Committee on An Act To Prohibit the Provision of Conversion Therapy AGRICULTURE, CONSERVATION AND FORESTRY to Minors by Certain Licensed Professionals reporting Ought to Pass as Amended by Committee (H.P. 755) (L.D. 1025) Amendment "A" (H-229) (C. "A" H-213) (H.P. 387) (L.D. 530) Bill "An Act To Amend the Laws An Act To Update and Amend the Finance Authority of Governing Subrogation Rights for Medical Payments Maine Act Coverage" Committee on HEALTH COVERAGE, (H.P. 779) (L.D. 1056) INSURANCE AND FINANCIAL SERVICES reporting Ought (C. "A" H-224) to Pass as Amended by Committee Amendment "A" (H- An Act To Amend the Tax Expenditure Review Process 242) (H.P. 792) (L.D. 1069) (H.P. 860) (L.D. 1186) Bill "An Act To Exempt An Act To Prevent Sexual and Domestic Violence and To Agricultural Fairs from the Assessment of Demand Charges for Support Survivors Electricity" (EMERGENCY) Committee on ENERGY, (S.P. 357) (L.D. 1171) UTILITIES AND TECHNOLOGY reporting Ought to Pass as (C. "A" S-86) Amended by Committee Amendment "A" (H-228) An Act To Ensure the Provision of Medical Assessments (H.P. 955) (L.D. 1320) Bill "An Act To Require the for Youth in Foster Care Department of Environmental Protection To Provide Natural (H.P. 999) (L.D. 1378) Resources Protection Act Permits to Affected Municipalities" (C. "A" H-215) Committee on ENVIRONMENT AND NATURAL

H-561 JOURNAL AND LEGISLATIVE RECORD - HOUSE, May 14, 2019

An Act To Improve Enforcement in the Elver Fishery (H.P. 1107) (L.D. 1514) Bill "An Act To Clarify the Pathway for a Registered (C. "A" H-221) Dispensary under the Maine Medical Use of Marijuana Act To An Act To Change the Deadline for Submission of the Become a For-profit Entity" (EMERGENCY) Annual Report of the Public Advocate (S.P. 577) (L.D. 1735) (S.P. 502) (L.D. 1567) Bill "An Act Relating to the Retention and Hiring of Mental Reported by the Committee on Engrossed Bills as truly Health Staff at the Department of Health and Human Services" and strictly engrossed, PASSED TO BE ENACTED, signed by (S.P. 579) (L.D. 1737) the Speaker Pro Tem and sent to the Senate. Came from the Senate, REFERRED to the Committee on ______HEALTH AND HUMAN SERVICES and ordered printed. REFERRED to the Committee on HEALTH AND HUMAN Resolves SERVICES in concurrence. Resolve, To Classify Employee Health Insurance as a ______Fixed Cost for MaineCare Reimbursement in Nursing Homes (S.P. 346) (L.D. 1126) Bill "An Act To Compensate Corrections and Mental (C. "A" S-87) Health Workers for Injuries and Illness Suffered While Resolve, To Name the Route 7 Bridge in Corinna in Working" Honor of PFC Paul Earl Sudsbury (S.P. 578) (L.D. 1736) (S.P. 451) (L.D. 1471) Came from the Senate, REFERRED to the Committee on Reported by the Committee on Engrossed Bills as truly LABOR AND HOUSING and ordered printed. and strictly engrossed, FINALLY PASSED, signed by the REFERRED to the Committee on LABOR AND Speaker Pro Tem and sent to the Senate. HOUSING in concurrence. ______

By unanimous consent, all matters having been acted Bill "An Act To Create a Minimum Age To Hold a Limited- upon were ORDERED SENT FORTHWITH. purpose Aquaculture License" ______(S.P. 574) (L.D. 1725) Came from the Senate, REFERRED to the Committee on The following item was taken up out of order by MARINE RESOURCES and ordered printed. unanimous consent: REFERRED to the Committee on MARINE SENATE PAPERS RESOURCES in concurrence. Bill "An Act To Improve Geographic Information System ______Data Acquisition and Maintenance" (S.P. 568) (L.D. 1719) Bill "An Act To Exempt Purchases by Pet Food Pantries Bill "An Act To Penalize Violators of Wood Shipment and from Sales Tax" Quarantine Laws" (S.P. 567) (L.D. 1718) (S.P. 575) (L.D. 1726) Came from the Senate, REFERRED to the Committee on Came from the Senate, REFERRED to the Committee on TAXATION and ordered printed. AGRICULTURE, CONSERVATION AND FORESTRY and REFERRED to the Committee on TAXATION in ordered printed. concurrence. REFERRED to the Committee on AGRICULTURE, ______CONSERVATION AND FORESTRY in concurrence. ______Bill "An Act To Amend the Campaign Reports and Finances Laws and the Maine Clean Election Act" Bill "An Act To Allow the Confinement of Female (S.P. 570) (L.D. 1721) Prisoners at the Long Creek Youth Development Center" Resolve, Directing the Secretary of State To Develop a (EMERGENCY) Plan for Implementation of Automatic Registration of (S.P. 572) (L.D. 1723) Nonregistered Persons Qualified To Vote through Records of Bill "An Act To Amend the Maine Emergency Medical the Bureau of Motor Vehicles Services Act of 1982 and Related Provisions" (S.P. 571) (L.D. 1722) (S.P. 573) (L.D. 1724) Bill "An Act To Create a Postsecondary Educational Came from the Senate, REFERRED to the Committee on Institution Program License for the Purchase of Liquor for CRIMINAL JUSTICE AND PUBLIC SAFETY and ordered Certain Curricula" printed. (S.P. 576) (L.D. 1734) REFERRED to the Committee on CRIMINAL JUSTICE Came from the Senate, REFERRED to the Committee on AND PUBLIC SAFETY in concurrence. VETERANS AND LEGAL AFFAIRS and ordered printed. ______REFERRED to the Committee on VETERANS AND Bill "An Act To Amend the So-called Dig Safe Law" LEGAL AFFAIRS in concurrence. (S.P. 569) (L.D. 1720) ______Came from the Senate, REFERRED to the Committee on ENERGY, UTILITIES AND TECHNOLOGY and ordered By unanimous consent, all matters having been acted printed. upon were ORDERED SENT FORTHWITH. REFERRED to the Committee on ENERGY, UTILITIES ______AND TECHNOLOGY in concurrence. ______

H-562 JOURNAL AND LEGISLATIVE RECORD - HOUSE, May 14, 2019

The SPEAKER PRO TEM: The Chair recognizes the Representative from Harpswell, Representative McCreight. Representative McCREIGHT: Mr. Speaker, I request unanimous consent to address the House on the record. The SPEAKER PRO TEM: The Representative has requested unanimous consent to address the House on the record. Hearing no objection, the Representative may proceed on the record. Representative McCREIGHT: Thank you, Mr. Speaker. Mr. Speaker, Men and Women of the House, in reference to Roll Call No. 94 on LD 1332, had I been present, I would have voted yea. ______

On motion of Representative CURTIS of Madison, the House adjourned at 12:55 p.m., until 10:00 a.m., Thursday, May 16, 2019, in honor and lasting tribute to Anne Tibbetts Smith, of Norridgewock.

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